Governance

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.

Illinois Artificial Intelligence Video Interview ActDefinition 1 of 4

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.

Maryland Facial Recognition in Employment Interviews LawDefinition 2 of 4

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.

Ontario Working for Workers Act - AI Hiring DisclosureDefinition 3 of 4

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.

Assembly Bill No. 1883Definition 4 of 4

Not to be confused with

AI-assisted employment decision

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

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.