AI Frontier Institute

Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.

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Hawaii House Resolution 182 (H.R. 182), introduced in the Thirty-Third Legislature in 2026, requests the Hawai'i Civil Rights Commission to examine whether existing state anti-discrimination laws apply to algorithmic and automated decision systems, including AI tools. The resolution notes that such systems are increasingly used in employment screening, tenant selection, credit determinations, and public benefits eligibility—areas traditionally covered by civil rights protections—and that these systems may replicate, amplify, or obscure discrimination when built on biased data or opaque modeling. The Commission is asked to assess: (1) whether current state law provides sufficient authority to investigate and remedy algorithmic discrimination; (2) potential jurisdictional or evidentiary challenges in such claims; (3) whether guidance, rulemaking, or administrative clarification could help individuals and regulated entities understand their rights and responsibilities; (4) the feasibility of establishing a complaint intake pathway for algorithmic discrimination under existing law; and (5) any recommendations for legislative action. The Commission must submit a report of findings and any proposed legislation to the Legislature no later than twenty days before the convening of the 2027 Regular Session. Certified copies are to be transmitted to the Chair and Executive Director of the Hawai'i Civil Rights Commission.

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