Illinois Now Requires These Four AI Disclosures to Every Applicant: The HB 3773 Template
Bindingness: Binding Law · Scope: Illinois · Employment
The draft rules name what the notice must say. Here is a paste-ready four-part applicant notice and the workflow to deploy it this quarter.
Part of AI Regulation Tracker, our running brief on the laws reshaping AI at work.
If you read our parent briefing on what Illinois HB 3773 means for HR, you know the shape of the problem: the statute is in force, the notice rules are in limbo, and the duty to tell people when AI touches an employment decision did not go anywhere. That piece answers the strategic question of whether you have to comply. This one answers the next question every HR leader asks immediately after, which is harder and more useful: what exactly does the notice say, and how do you get it out the door.
The good news is that you are not drafting blind. Before the Illinois Department of Human Rights postponed its rulemaking on June 2, 2026, it published draft rules, the proposed Subpart J on the use of artificial intelligence in employment, that describe the content a compliant notice should carry. Final rules may shift, but a notice built on the draft's content elements is a working draft aligned with the current IDHR proposal, and it is the strongest thing you can put in front of an applicant today. So we built one. Below is a paste-ready four-part applicant notice, a deployment checklist, and a compliance map you can hand to counsel.
Key takeaways
- HB 3773 has been in force since January 1, 2026. Using AI in a way that discriminates in a covered employment decision violates the Illinois Human Rights Act, and the law makes clear that relying on a proxy such as zip code for a protected class can create liability.
- The IDHR draft rules describe what an AI-use notice should contain. We organize them into four core blocks you can act on now: the AI product, the purpose and decisions it touches, the employee data it processes, and a point of contact.
- The draft also lists the job categories involved and a statement of the right to request a reasonable accommodation, so the template below carries those too rather than treating four as the whole list.
- The rulemaking was postponed on June 2, 2026, but the statute is not paused. Ship a written notice now and keep a record of it; the draft rules signal a four-year retention period, which is a prudent standard to adopt today.
The four disclosure elements, in plain terms
One note before the elements. The IDHR draft lists several specific disclosure items, more than four. For practical use we organize them into four core blocks, product, purpose, data, and contact, while the template still incorporates the additional proposed items, namely the job categories and the accommodation right. The four blocks are our framework for building the notice, not a claim that the draft names exactly four requirements.
Product. Identify the AI in play. Not a vendor brochure, just enough for a person to know an automated system is involved and roughly what it is, for example a resume-screening tool or a video-interview scoring system.
Purpose. Say how the AI is used and at what stage of the decision. Is it screening applications, ranking candidates, or scoring an assessment, and does a human make the final call. The draft reaches AI used to influence or facilitate an employment decision, so describe the role honestly rather than minimizing it.
Data. Describe the categories of personal information or employee data the system collects or processes. Resume content, application answers, assessment responses, recorded interview audio or video. People are entitled to know what the tool is reading.
Contact. Give a named point of contact, a role or a person, to whom questions about the AI use can be directed. This is the element teams most often forget, and it is the one that turns a notice from a wall of text into something an applicant can actually act on.
Two more items sit in the draft and belong in a strong notice even though they fall outside the core four: the categories of job positions the AI is used for, and a plain statement of the right to request a reasonable accommodation and how to do it. The template below includes both, clearly marked, so you ship the fuller version and trim only on counsel's advice.
A compliant notice is not a legal essay. It is four plain answers: what the tool is, what it does, what it reads, and who to ask.
The star artifact: a paste-ready four-part applicant AI-disclosure notice
Copy the block below into your applicant-facing flow, your job postings, or your application confirmation, then replace every bracketed field. Keep it in plain language and a readable format, which the draft rules expect, and make it available in the languages your workforce commonly speaks and accessible to applicants with disabilities.
Notice: Use of Artificial Intelligence in Our Hiring Process
[Company name] uses artificial intelligence tools as part of how we review and evaluate candidates for employment. We are providing this notice so you understand when and how those tools are used.
1. The AI we use. We use [name or type of AI tool, for example an automated resume-screening system and a structured-interview scoring tool] provided by [vendor or "an outside vendor"]. These are automated systems, not a human reviewer.
2. How and why we use it. We use these tools to [screen applications for stated qualifications / rank candidates for review / score responses in an assessment]. AI is used to [influence and facilitate] our decision at the [application screening / interview / assessment] stage. [A member of our hiring team reviews the results and makes the final decision. / Describe the level of human review honestly.]
3. The information the tool processes. These tools collect or process the following categories of your information: [resume and application content, your answers to application questions, assessment responses, and, where applicable, recorded audio or video from a virtual interview]. We do not use [list any categories you exclude, if any].
4. The roles this applies to. We use these tools for the following positions: [list job categories or "all positions" if applicable].
5. Your right to ask questions. If you have questions about our use of AI in hiring, contact [name or role], [email], [phone].
6. Reasonable accommodation. If you need a reasonable accommodation related to the use of these tools, including an alternative way to be evaluated, contact [name or role] at [email or phone]. We will work with you in good faith.
This template reflects the content described in the IDHR draft rules as of June 2026. The rules are not final. Confirm the wording with employment counsel before use.
The deployment checklist
A template is only worth the notice you actually deliver, on time, to the right people, with a record you can produce later. Run this once to stand it up, then bake it into your applicant flow so it fires every time.
- Inventory every place AI touches a hiring or employment decision: resume screeners, ranking tools, video-interview scoring, automated assessments, chatbots that gate applicants. You cannot disclose what you have not mapped.
- Fill in the template per tool, replacing every bracketed field. One clean master notice plus tool-specific lines beats a generic paragraph.
- Deliver it before or at the point AI is used, not after. Put it in the job posting, the application page, or the confirmation, so the applicant sees it before the tool runs.
- Make it accessible: plain language, the languages your workforce commonly speaks, and a format usable by applicants with disabilities.
- Name a real point of contact and a real accommodation path, then make sure that person knows they own the inbox.
- Log what you sent, to whom, and when. The draft rules signal a four-year retention period, and the limitations period for civil rights claims points the same way, so adopting that horizon now is a prudent standard even before the rules are final.
- Have employment counsel review the final wording against current Illinois guidance before it goes live, and again when IDHR resumes rulemaking.
Where the notice obligations map
| Item | What it means for your notice |
|---|---|
| Statute effective date | January 1, 2026. The duty is live now, regardless of where the rules sit. |
| What is prohibited | Using AI in a way that discriminates in a covered employment decision; the law makes clear that relying on a proxy such as zip code for a protected class can create liability. |
| Who gets notice | Employees and applicants when AI is used to influence or facilitate a covered decision. |
| Notice content (draft) | The AI used, its purpose and the decisions it touches, the data it processes, the job categories, a point of contact, and accommodation rights. |
| Form of notice (draft) | Plain language, readable format, available in workforce languages, accessible to people with disabilities. |
| Recordkeeping (draft) | Draft rules signal a four-year retention period for AI notices, postings, and disclosures. Prudent to adopt now. |
| Rulemaking status | IDHR postponed the rulemaking, including the planned hearing, on June 2, 2026. Final rules pending. |
How to draft and localize the notice with Claude
This is exactly the kind of work an AI assistant accelerates and a human must own. Give Claude your tool inventory, your states of operation, the languages your workforce speaks, and the template above, and ask it to produce a clean per-tool notice, a plain-language version at a readable reading level, and translations into your workforce languages. It will hold the structure consistent across every tool and location, which is where manual drafting tends to drift.
What stays human is the judgment. A named person in HR, with employment counsel, confirms that the description of human review is honest, that the data categories match what the vendor actually processes, and that the accommodation path works. The assistant makes the notice faster to build and easier to keep current as IDHR resumes its rulemaking. The accountability for what the notice says, and whether it is true, stays with a person. Building that judgment, and the systems around it, is the work we teach in The Leveraged HR Professional.
Do not read the June 2 postponement as a reprieve
The rulemaking is paused. The statute is not. A binding notice duty with a deadline already behind you is the riskiest version of this moment. Ship the notice now and document it.
Frequently asked questions
Do we still have to send an AI notice if the IDHR rules were postponed?
Yes. The postponement on June 2, 2026, paused the rulemaking, not the statute. HB 3773 has been in force since January 1, 2026, and the duty to notify employees and applicants when AI is used in a covered employment decision lives in the law, not in the rules. The absence of final rules removes the official template, not the obligation. Building a notice on the draft rules' content elements is the most defensible step available now.
What are the four AI disclosures the notice must cover?
The four content elements you can act on now, drawn from the IDHR draft rules, are: the AI product in use, the purpose and the decisions it touches, the categories of personal information or employee data it processes, and a point of contact for questions. The draft also calls for the job categories the AI is used for and a statement of the right to request a reasonable accommodation, so a strong notice includes those as well.
When and how do we have to deliver the notice?
Deliver it before or at the point the AI is used, so an applicant sees it before a tool screens or scores them. The draft rules expect plain language and a readable format, availability in the languages your workforce commonly speaks, and accessibility for applicants with disabilities. Putting the notice in the job posting, the application page, or the application confirmation are all reasonable delivery points.
How long do we have to keep the notices?
The IDHR draft rules signal a four-year retention period for AI notices, postings, and disclosures. The rules are not final, but that horizon lines up with the limitations period that civil rights claims tend to run on, so adopting it now is prudent. A durable log of what you sent, to whom, and when is what lets you defend the notice later rather than reconstructing it under a subpoena.
Can we just copy this template and publish it?
Use it as a strong starting draft, not a final legal document. The template reflects the IDHR draft rules as of June 2026, and those rules are not final. Replace every bracketed field with what is true for your tools, confirm the data categories against what your vendors actually process, and have employment counsel review the wording against current Illinois guidance before it goes live.
Related briefings: Illinois HB 3773 AI employment notice (the parent briefing) · Colorado AI hiring law: what HR owes now · Texas TRAIGA for HR