Washington State AI hiring regulations
Washington State HB 1951 is pending as of March 2026 — it has not yet been enacted into law. If enacted, the bill would impose disclosure, algorithmic impact assessment, and human review requirements on employers using automated decision systems (ADS) in hiring and employment decisions for Washington-based workers. Key proposed requirements include: 10-business-day pre-use notice to candidates, annual third-party algorithmic impact assessments for high-risk ADS, and a human review right allowing candidates to request human review of ADS decisions. In the meantime, Washington employers are subject to federal civil rights law (Title VII, ADA, ADEA) and the Washington State Law Against Discrimination, which already prohibits algorithmic discrimination. Washington employers using AI hiring tools should prepare compliant infrastructure now in anticipation of HB 1951's potential enactment.
Last updated: March 2026
Washington HB 1951 (Pending) vs. NYC LL144
| Requirement | Washington HB 1951 (Pending) | NYC LL144 (In Effect) |
|---|---|---|
| Status | Pending — not enacted as of March 2026 | In effect — July 5, 2023 |
| Scope | All automated decision systems in employment for WA workers | AEDTs used to screen NYC-based candidates |
| Pre-use notice | 10 business days before ADS use, describe system and data | 10 business days before AEDT use, job qualifications assessed |
| Algorithmic impact assessment | Annual, independent third-party, for high-risk ADS | Annual, independent third-party bias audit |
| Human review right | Candidates/employees can request human review of ADS decisions | Not required under LL144 |
| Enforcement | To be determined if enacted (WA AG or new agency) | NYC DCWP — $500–$1,500/day per violation |
How Washington Employers Can Prepare for HB 1951
- 1
Audit All AI Tools in the Hiring Process
Catalog every AI and automated tool used in hiring — resume screeners, candidate rankers, chatbot pre-screeners, video interview analyzers, and skills assessments — and assess which would qualify as automated decision systems under HB 1951's proposed framework.
- 2
Establish Relationships with Independent Auditors
If HB 1951 is enacted, employers will need qualified independent third parties to conduct algorithmic impact assessments. Begin identifying and engaging qualified auditors now so the relationship is in place when the law takes effect.
- 3
Build Pre-Use Notice Delivery Infrastructure
Develop a workflow to deliver 10-business-day pre-use notices to candidates before any ADS is applied — including a process to handle the notice timing for candidates who apply close to job posting closing dates.
- 4
Design a Human Review Process
If HB 1951's human review right is enacted, employers will need a defined process for candidates to request human review of ADS decisions, a team or workflow to conduct that review, and documentation that the review occurred. Begin designing this process now.
- 5
Monitor HB 1951's Legislative Progress
Track the bill's progress through Washington legislative sessions. If enacted, expect a compliance effective date — likely 6–12 months after signing. EmployArmor monitors Washington AI legislation and updates employer compliance requirements automatically when laws take effect.
By the Numbers
Pending
Washington HB 1951 status as of March 2026 — introduced in the Washington State Legislature but not yet enacted. Employers should prepare infrastructure while monitoring for enactment.
10 Business Days
Proposed HB 1951 pre-use notice window — same interval as NYC LL144. Candidates would need to receive notice of ADS use at least 10 business days before the system is applied to their application.
Annual
Proposed algorithmic impact assessment frequency under HB 1951 — high-risk automated decision systems used in employment decisions would need annual independent third-party impact assessments examining disproportionate impact on protected classes.
Human Review Right
Proposed HB 1951 provision — candidates and employees could request human review of ADS decisions affecting them. This goes beyond any current state AI hiring law and would require employers to build a dedicated human review workflow.
Frequently Asked Questions
What is the current status of Washington State's AI hiring law?
Washington HB 1951 was introduced and remains pending as of March 2026 — it has not been enacted. If passed, it would impose disclosure, algorithmic impact assessment, and human review requirements on employers using automated decision systems in employment. Employers should prepare compliance infrastructure now while monitoring legislative progress.
What would Washington HB 1951 require if enacted?
Based on the proposed bill: 10-business-day pre-use notice to candidates describing the ADS and its data use; annual independent algorithmic impact assessments for high-risk ADS; a human review right allowing candidates to request human review of ADS decisions; and anti-discrimination provisions consistent with Washington's Law Against Discrimination.
How does Washington HB 1951 compare to NYC Local Law 144?
HB 1951's proposed scope is broader than LL144 — covering all ADS in employment for Washington workers rather than just AEDTs used to screen NYC-based candidates. The 10-business-day notice and annual audit requirements are similar, but HB 1951's proposed human review right has no equivalent in LL144. Employers with operations in both jurisdictions would need to satisfy both frameworks.
What existing Washington State law governs AI in employment?
Before HB 1951's potential enactment, Washington employers are subject to federal civil rights law (Title VII, ADA, ADEA) and the Washington State Law Against Discrimination (WLAD), which prohibits algorithmic discrimination. Washington's facial recognition privacy law (HB 1493, 2023) may also apply to AI video analysis tools in hiring.
What facial recognition law applies to AI hiring in Washington?
Washington HB 1493 (2023) primarily targets government agency use of facial recognition and does not directly regulate private employer use in hiring. However, the proposed HB 1951, if enacted, would address automated decision systems including facial recognition AI used in employment. Employers using HireVue or similar tools should monitor both frameworks.
How can Washington employers prepare for potential AI hiring regulations?
Audit AI tools to identify which would qualify as ADS under HB 1951's proposed framework. Establish relationships with independent third-party auditors. Build pre-use notice delivery and human review workflows. Monitor HB 1951's legislative progress. EmployArmor helps Washington employers build compliant infrastructure in anticipation of HB 1951's potential enactment.
EmployArmor automates Washington AI hiring compliance — run a free compliance scan.
References
- NYC Administrative Code § 20-871–20-875 (Local Law 144 of 2021). NYC Dept. of Consumer and Worker Protection
- Illinois Artificial Intelligence Video Interview Act (820 ILCS 42). Illinois General Assembly
- Colorado SB 24-205, "Consumer Protections for Artificial Intelligence" (2024). Colorado General Assembly
- EEOC Technical Assistance, "The ADA and AI to Assess Job Applicants" (May 2022). U.S. Equal Employment Opportunity Commission