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 Senate Concurrent Resolution S.C.R. No. 184 (33rd Legislature, 2026) requests the Hawai'i Civil Rights Commission to examine whether existing state anti-discrimination laws adequately cover 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 protected by civil rights law—and that they may replicate, amplify, or obscure discrimination patterns. The Commission is asked to assess: (1) whether existing state law provides sufficient authority to investigate and remedy algorithmic discrimination; (2) jurisdictional or evidentiary challenges in such claims; (3) whether guidance, rulemaking, or administrative clarification would help individuals and regulated entities; (4) the feasibility of an intake or complaint pathway for algorithmic discrimination under existing law; and (5) any recommendations for legislative action. The Commission must submit a report, including any proposed legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2027. Certified copies are to be transmitted to the Chair and Executive Director of the Hawai'i Civil Rights Commission.

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