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 Resolution 165 (33rd Legislature, 2026) requests the Hawaiʻi Civil Rights Commission to examine whether existing state anti-discrimination laws adequately cover algorithmic and automated decision systems, including AI tools used in employment screening, tenant selection, credit determinations, and public benefits eligibility. The resolution directs the examination to include: (1) an assessment of whether existing state law provides sufficient authority to investigate and remedy algorithmic discrimination; (2) identification of jurisdictional or evidentiary challenges in such claims; (3) evaluation of whether guidance, rulemaking, or administrative clarification could help individuals and regulated entities understand their rights and responsibilities; (4) consideration of establishing an intake or complaint pathway for algorithmic discrimination claims under existing law; and (5) recommendations for any legislative action needed to keep civil rights protections effective. The Commission is asked to submit a report of findings and 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 Hawaiʻi Civil Rights Commission.

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