On May 15, 2026, the Illinois Department of Human Rights (“IDHR”) announced proposed regulations (the “Regulations”) that address required employer notification arising from the use of AI to make employment decisions. The publication of the Regulations in the Illinois Register triggered a 45-day public comment period that ends on June 29, 2026.
As employers continue preparations for complying with workplace AI laws that become effective in 2026 (e.g., Colorado SB24-205, California Senate Bill No. 53 and Texas’s Responsible Artificial Intelligence Governance Act), questions remain regarding complying with Illinois HB 3773, the August 2024 amendments to the Illinois Human Rights Act (IHRA). As we previously reported, effective January 1, 2026, HB 3733 amended the IHRA to expressly regulate the use of AI for employment decisions.
On November 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing a new one-page technical assistance “Fact Sheet” regarding national origin discrimination. The EEOC also updated its national origin discrimination guidance page, which provides information about “what national origin discrimination can look like in the workplace” and how employees may obtain EEOC assistance if they feel they have been the victim of discrimination. The new guidance makes good on EEOC Chair Andrea Lucas’ February announcement vowing to protect American workers from “Anti-American bias.” As part of that announcement, Lucas asserted that “[m]any employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law prohibiting national origin discrimination.”
As featured in #WorkforceWednesday: This week, we’re detailing the National Labor Relations Board’s (NLRB’s) request for Starbucks to reopen shuttered stores; how big tech is retreating from diversity, equity, and inclusion (DEI) programs; and why employers may start scrapping college requirements for certain positions in 2024.
Recent Updates
- New Jersey’s Employer Response Portal: What You Need to Know
- Final Rules Dismantle Civil Rights Protections for Minorities, Women, Individuals with Disabilities, and Veterans
- U.S. Court of Appeals Decision Highlights Retaliation Risks During Employee Separations
- Fast Facts About the DOL Proposed Rule for Electronic Disclosures for ERISA Group Health Plans
- San Francisco Amends its Fair Chance Ordinance