AIVIRA Obligations for Employers: The Practical Guide

The Illinois Artificial Intelligence Video Interview Act (AIVIRA) has been in force since January 1, 2020. It’s one of the oldest AI-specific employment laws in the US, and class action litigation under it has become increasingly common. Here’s what employers must do.

Who It Covers

AIVIRA applies to any employer that uses artificial intelligence to analyze video interviews of applicants for positions based in Illinois.

In scope:

• Any employer with Illinois-based positions
• Both in-state and out-of-state employers if the positions are in Illinois
• Any video interview platform that uses AI to analyze facial expressions, word choice, tone, or other characteristics

Not in scope:

• Employers who review recorded video interviews without AI analysis
• Phone or text-based AI screening tools (not video)
• Positions not based in Illinois

The Four Requirements

1. Notify Before the Interview

Before requiring an applicant to submit a video interview, employers must notify the applicant:

• That AI may be used to evaluate the interview
• How the AI works (generally — not a technical specification)
• What traits, characteristics, or factors the AI evaluates

This notification must be given before the applicant records and submits the video. A disclosure buried in terms of service is not sufficient.

Best practice: Include a clear disclosure in the invitation email that explains AI will be used, what it evaluates, and link to your vendor’s description of the technology.

2. Obtain Consent

Employers must obtain consent from the applicant to be evaluated by AI. Proceeding without consent is a violation.

Consent can be obtained as part of the interview invitation process, but must be explicit — not implied. A checkbox or clear written acknowledgment works. The applicant must have the opportunity to decline.

What happens if they decline? You cannot require AI video evaluation as the only path to apply. You must provide an alternative evaluation method.

3. No Sharing Without Consent

Employer may not share the video (or the AI analysis of it) with any third party unless the applicant expressly consents.

The third-party restriction includes:

• Other employers (even group or franchise companies)
• Data brokers
• Background check companies

Sharing with the AI vendor for analysis purposes is generally permitted, but sharing the results or the video itself beyond that requires consent.

4. Deletion on Request

Applicants may request deletion of their video. Employers must delete within 30 days of a request. Employers must also request deletion from any third parties who received the video.

Penalties and Litigation Risk

AIVIRA provides for:

• Actual damages
• Statutory damages: $500 to $2,500 per negligent violation; $500 to $5,000 per intentional or reckless violation
• Attorney’s fees and costs
• Private right of action

The private right of action is the key enforcement mechanism. Plaintiffs’ firms have filed class actions against employers who used AI video interview tools without proper disclosures or consent. The litigation economics are similar to BIPA: large class + per-violation statutory damages = significant exposure.

Common Compliance Gaps

No disclosure at all: Many employers use AI-powered video interview tools (HireVue, Modern Hire, and similar) without realizing AIVIRA applies or without providing required disclosures.

Insufficient disclosure: Generic “we use technology to evaluate interviews” language without explaining what the AI evaluates.

No alternative process: Requiring AI evaluation as the only option without offering alternatives to applicants who decline.

Vendor contract gaps: Not having data processing agreements with vendors that address sharing and deletion obligations.

Compliance Checklist

• [ ] Identify all AI-powered video interview tools used for Illinois positions
• [ ] Update interview invitation process to include required notice before recording
• [ ] Implement explicit consent mechanism (not buried in ToS)
• [ ] Create alternative evaluation process for applicants who decline AI evaluation
• [ ] Update vendor contracts to address no third-party sharing and deletion obligations
• [ ] Create a process to handle deletion requests within 30 days
• [ ] Train HR staff on the requirements

Looking Ahead

Illinois is an active AI regulation state. BIPA has generated billions in litigation exposure. AIVIRA is the next BIPA in the employment context. Companies that haven’t taken AIVIRA seriously should not wait for a class action to trigger compliance.