What is the Illinois AI Video Interview Act (AIVIA)?

AIVIA (820 ILCS 42) is an Illinois law effective January 1, 2020, regulating employer use of artificial intelligence to analyze video interviews. It requires employers to: notify applicants before AI analysis, explain what characteristics the AI will evaluate, obtain consent, limit sharing to technology vendors in the hiring process, and delete videos within 30 days of request or after the position is filled. Violations are enforceable by the Illinois Department of Human Rights and through private lawsuit.

Which AI hiring tools require AIVIA compliance?

Any AI system that analyzes video interviews triggers AIVIA — including HireVue, Spark Hire, Modern Hire, VidCruiter, and any ATS with AI video analysis features enabled. This covers facial expression analysis, vocal tone scoring, speech pattern analysis, word choice AI, and composite video interview scoring. Live video interviews with real-time AI scoring and asynchronous recorded interviews processed by AI before human review are both covered. Pure transcription without analysis is not covered.

Who does AIVIA apply to — does our company need to comply if we're not in Illinois?

AIVIA applies to employers hiring for positions to be filled in Illinois, regardless of where the employer is headquartered. If you are recruiting for an Illinois role and using AI video interview analysis, AIVIA applies. For fully remote positions open to candidates nationwide, conservative legal practice is to apply AIVIA to any candidate who may be hired into an Illinois position.

What must the AIVIA disclosure say before an AI-analyzed video interview?

The disclosure must state: that AI will be used to analyze the video interview; the general types of characteristics AI will evaluate (e.g., facial expressions, tone of voice, word choice, speech cadence); and how the AI-generated results will be used in the hiring decision. The disclosure must be provided before the interview begins. Work with your AI video platform vendor for their standard AIVIA disclosure language — most AIVIA-compliant vendors provide it.

Can we refuse to consider a candidate who won't consent to AI video analysis?

No. AIVIA expressly prohibits retaliation against applicants who decline AI analysis. You must offer an alternative interview method (phone interview, in-person interview, non-AI video review) for candidates who opt out. Removing a candidate from consideration solely because they declined AI analysis is a violation of AIVIA's retaliation prohibition.

When must we delete video recordings under AIVIA?

AIVIA requires deletion: within 30 days of an applicant's request to delete their video; and within 30 days after the position is filled for all applicants who were not hired. This requires automated tracking of position fill dates and a deletion pipeline that can locate and delete all recordings associated with a specific position. Manual tracking is error-prone at scale — build the deletion workflow into your ATS or AI hiring platform configuration.

Does AIVIA interact with the Illinois Biometric Information Privacy Act (BIPA)?

Yes, for AI video platforms that analyze facial expressions or derive facial geometry. BIPA requires written consent before collecting biometric identifiers including face geometry scan data, a publicly available retention schedule, and deletion per schedule. Illinois Supreme Court held in Cothron v. White Castle (2023) that each unauthorized scan is a separate BIPA violation at $1,000-$5,000 per scan. Employers using facial analysis AI for hiring must comply with both AIVIA (notice, consent, deletion of video) and BIPA (written biometric consent, retention policy, destruction schedule) — AIVIA consent does not satisfy BIPA requirements separately.

How does Tenet AI help with AIVIA compliance for AI hiring systems?

Tenet AI generates an immutable audit trail for every AI hiring decision — which candidate was evaluated, which AI model produced the scores, what characteristics were assessed, when, and what hiring decision followed. Tenet captures whether the human reviewer accepted or overrode the AI recommendation. For AIVIA purposes, this documentation proves that AI analysis was disclosed and consented to before the decision, and provides the evidence needed for IDHR investigation response. For deletion compliance, Tenet's per-candidate record log supports auditing whether videos and associated inference records were deleted within the 30-day window.

Illinois AI Video Interview Act (AIVIA): Notify, Consent, Delete — Employer Compliance for AI Hiring

Illinois Artificial Intelligence Video Interview Act (AIVIA), 820 ILCS 42, effective January 1, 2020, was the first US law specifically regulating AI use in employment interviews. AIVIA applies to any employer using AI to analyze video interviews for Illinois positions — including asynchronous recorded interviews processed by AI platforms like HireVue, Spark Hire, or Modern Hire. Employers must: notify candidates before the interview that AI analysis will be used; explain the general characteristics AI will evaluate; obtain consent; limit third-party sharing to technology vendors in the hiring pipeline; and delete videos within 30 days of applicant request or 30 days after the position is filled. Violations are actionable through the Illinois Department of Human Rights and private right of action. AI facial analysis in video interviews may also trigger Illinois BIPA, creating compounding litigation exposure.

AIVIA's Three Requirements: Notice, Consent, and Data Governance

Section 10(a) requires employers to notify applicants before an AI-analyzed video interview of: (1) that AI will be used to analyze the video, (2) the general types of characteristics AI will evaluate, and (3) how AI results will be used in the hiring decision. The disclosure must be made before the interview begins — not after. Section 10(b) requires obtaining consent from the applicant before conducting the AI-analyzed interview. Consent must be informed based on the § 10(a) disclosure. Passive "by clicking start you consent" is insufficient — explicit acknowledgment is required. Section 10(c) prohibits sharing AI-analyzed video with third parties except technology vendors assisting with the specific hiring process. Employers must delete videos within 30 days of applicant request or within 30 days after the position is filled.

What AI Systems Trigger AIVIA

AIVIA applies to any AI that analyzes video interviews — including facial expression analysis, vocal tone scoring, speech pattern analysis, word choice evaluation, and any composite scoring of video interview performance. Specifically covered: HireVue, Spark Hire, VidCruiter, Modern Hire, and any ATS with AI video features enabled. Live video interviews with real-time AI scoring, asynchronous recorded interviews analyzed before human review, and AI tools that rank or filter candidates based on video analysis scores are all covered. AI that only transcribes audio without analysis is not covered. NLP scoring of text responses without video analysis is not covered.

AIVIA and BIPA: Compounding Illinois Employment AI Risk

AI video interview systems that analyze facial expressions or facial geometry may trigger both AIVIA and the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14. BIPA requires: written consent before collecting biometric identifiers (including facial geometry); a publicly available retention schedule; and deletion per schedule. The Illinois Supreme Court held in Cothron v. White Castle (2023) that each unauthorized biometric scan is a separate BIPA violation. At $1,000-$5,000 per scan, daily interview processes for Illinois candidates can generate nine-figure class action exposure. HireVue reached an undisclosed settlement in a 2021 BIPA class action. Employers using AI facial analysis for hiring in Illinois face both AIVIA enforcement and BIPA class action risk.

Retaliation Prohibition and Alternative Interview Requirement

AIVIA expressly prohibits retaliation against applicants who do not consent to AI video analysis. Employers may not refuse to consider a candidate, remove them from the hiring process, or disadvantage them because they declined AI analysis. Employers must offer an alternative interview method for candidates who opt out. This creates an operational requirement: the hiring workflow must have a non-AI interview path that does not create friction or disadvantage for candidates who exercise their right to opt out. Documenting that an equal alternative was available and offered is part of AIVIA compliance.

Enforcement: IDHR Complaint Process and Private Right of Action

AIVIA violations are enforced by the Illinois Department of Human Rights (IDHR) through the Illinois Human Rights Act complaint process. Applicants may file complaints with IDHR; IDHR investigates and may refer to the Illinois Human Rights Commission for hearing. AIVIA also provides a private right of action — applicants may sue directly for actual damages plus attorneys' fees. Combined with BIPA's statutory per-violation damages ($1,000 negligent / $5,000 intentional), Illinois AI video interview violations create a dual enforcement environment. Employers should treat AIVIA documentation (consent records, disclosure version, deletion logs) as litigation-ready evidence.