In the News: Laura Balson and Cyle Catlett Published in Cybersecurity Law & Strategy on Illinois AI Employment Law Requirements

Constangy attorneys Laura Balson and Cyle Catlett were published in a Cybersecurity Law & Strategy article outlining what Illinois employers need to know following the state's landmark amendments to the Illinois Human Rights Act, which took effect January 1 under House Bill 3773. 

In the article, Laura and Cyle walk employers through the Illinois Department of Human Rights' draft rules for implementing the new law, offering a practical framework of questions companies should be able to answer before integrating any AI tool into employment decision-making. They define key terms under the law, including artificial intelligence and generative AI, and explain that the notice obligation applies any time an AI system "influences or facilitates" a covered employment decision, regardless of whether the tool produces biased outcomes. 

Laura and Cyle also detail when and how employers must provide notice annually for current employees and within job postings for applicants, and outline the required elements of that notice, including the AI product name, its purpose, the data it processes, a designated HR contact and instructions for requesting reasonable accommodation. The draft rules also require that notices be accessible, including plain-language explanations, translations and formats for individuals with disabilities. 

"As these new rules take shape, employers should take a fresh look at their handbooks, hiring materials and workplace policies to make sure they align with what Illinois now requires," Laura and Cyle advise. "Employers should reach out to their employment attorneys for guidance on what changes to make and how to comply." 

To read the full article on Cybersecurity Law & Strategy's website, click here.

Laura Balson is the managing partner of Constangy’s Chicago office and advises employers on employment law compliance, workplace risk management, and complex litigation matters. She regularly counsels clients on employment practices, internal investigations, policy development, and regulatory compliance, and has extensive experience defending employers in class and individual actions, including claims brought under the Illinois Biometric Information Privacy Act (BIPA). Laura also represents employers before administrative agencies and in state and federal courts.

Cyle Catlett represents employers in all stages of employment litigation and arbitration, defending claims involving discrimination, harassment, retaliation, wage and hour disputes, and workplace compliance issues. He also advises employers on policy development, employee relations, accommodations, leave compliance, and internal investigations, providing practical guidance designed to help organizations reduce risk and maintain compliant workplace practices.