Employer
Entity using AI video analysis for employment decisions for Illinois-based positions.
How the laws define this
Regulators agree that an employer is an entity or person operating within a specific jurisdiction that employs individuals or considers job applicants for local positions. The most important divergence lies in whether employer status is determined by specific hiring practices, general local employment, or workforce size. Under the Illinois Artificial Intelligence Video Interview Act, an employer is identified strictly by its actions: asking applicants to record video interviews and using artificial intelligence analysis on those videos for positions based in Illinois. Under the Maryland Facial Recognition in Employment Interviews Law, the term broadly includes any entity employing individuals in Maryland subject to state provisions concerning facial recognition during interviews. Conversely, the Ontario Working for Workers Act - AI Hiring Disclosure introduces a numeric threshold, defining an employer as one employing 25 or more employees on the day a publicly advertised job posting is made to establish applicability for AI disclosure, pay-transparency, and record-retention obligations under O. Reg. 476/24 and the amended Employment Standards Act.
Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Illinois, United States | Illinois Artificial Intelligence Video Interview Act | In Force | Adds requirements for recording video interviews and using AI analysis specifically for positions based in Illinois. |
| Maryland, United States | Maryland Facial Recognition in Employment Interviews Law | In Force | Limits to entities employing individuals within Maryland that use facial recognition services during employment interviews. |
| Ontario, Canada | Ontario Working for Workers Act - AI Hiring Disclosure | Awaiting Entry | Narrows to employers with 25 or more employees on the day of a publicly advertised job posting in Ontario. |
| California, United States | California AB 1883 — Workplace Surveillance Tools | Awaiting Entry | Broadens to include any person or governmental entity controlling wages, hours, or working conditions in California workplaces. |
What it triggers
- In Illinois, mandates transparency, consent, and data protection for AI-analyzed video interviews in employment.source
- In Maryland, prohibits using facial recognition technology during job interviews without prior written consent.source
- In Ontario, under O. Reg. 476/24 and the amended Employment Standards Act, must disclose AI use, pay-transparency, and retain records for applicable job postings.source
- In California, under AB 1883, restricts AI workplace surveillance that infers emotions or collects neural data.source
Definitions (4)
Any person or entity that asks applicants to record video interviews and uses an artificial intelligence analysis of these videos when considering applicants for positions based in Illinois.
An employer is defined as any entity that employs individuals within Maryland. This term specifically refers to those subject to the Maryland Labor and Employment Code provisions concerning the use of facial recognition services during employment interviews.
For the purposes of the AI hiring disclosure requirements, an employer is one that employs 25 or more employees on the day a publicly advertised job posting is made; this threshold determines applicability of the AI disclosure, pay-transparency, and record-retention obligations under O. Reg. 476/24 and the amended Employment Standards Act.
A person or governmental entity that directly or indirectly controls wages, hours, or working conditions, including the public employers and contractor relationships expressly covered by the statute. The definition is intentionally broad to capture private and public workplaces.
Not to be confused with
An AI-assisted employment decision refers to the outcome where AI meaningfully contributes, while employer is the entity making such decisions using AI.
Artificial intelligence analysis is the specific automated evaluation process, whereas employer is the entity deploying it on video interviews.
Questions and answers
What obligations does an employer have under the Illinois Artificial Intelligence Video Interview Act?
Employers must ensure transparency, obtain consent, and protect data when using AI analysis of video interviews for Illinois-based positions.
Does the Maryland law apply to all employers using facial recognition in interviews?
It applies to any entity employing individuals within Maryland that uses facial recognition services during employment interviews, prohibiting it without prior written consent.
What is the employee threshold for AI hiring disclosure in Ontario?
An employer must employ 25 or more employees on the day a publicly advertised job posting is made to be subject to AI disclosure, pay-transparency, and record-retention obligations.
Related Terms
Video interview
Recorded applicant responses to employer prompts or questions....
Demographic reporting
Annual race/ethnicity data reporting to DCEO for AI-only screening....
demographic reporting (Section 20)
Annual race/ethnicity data reporting for sole-AI screening....
Artificial intelligence analysis
Automated algorithmic evaluation of applicant-submitted video interviews....
AI-assisted employment decision
An employment decision where AI meaningfully contributes to the outcome....