Table of Contents
• What is Virginia’s New AI in Hiring Law?
• Do I Have to Be Notified if AI Is Used?
• What Does This Mean for Virginia Employees?
• Can I Still Be Discriminated Against by a Robot?
• What Should I Do If I Suspect AI Bias?
• Contact an Employment Lawyer
If you’ve applied for a job recently, there’s a good chance your application was first reviewed not by a person, but by an algorithm. The use of Artificial Intelligence (AI) in hiring—from resume screeners to video interview analysis—has become widespread. Now, Virginia is taking steps to regulate this technology to protect workers from automated bias.
A new law, House Bill 999, has passed the General Assembly and is awaiting the Governor’s signature. It places critical guardrails on how employers can use AI in employment decisions, giving employees new rights and transparency.
What is Virginia’s New AI in Hiring Law?
HB 999 is designed to address the risk of discrimination that is baked into many automated hiring tools. These systems, often trained on historical data, can learn and replicate existing biases, unfairly screening out qualified candidates from protected groups.
The law requires employers who use AI tools for hiring, promotion, or other employment decisions to take specific steps to ensure fairness and transparency. This includes conducting bias audits on their AI systems to identify and mitigate discriminatory impacts.
Do I Have to Be Notified if AI Is Used?
Yes. One of the most significant provisions of HB 999 is the requirement for candidate notification. If an employer is using an AI-driven tool to screen, evaluate, or make decisions about your application, they must inform you that such a system is being used. This transparency is a fundamental new right for Virginia workers.
What Does This Mean for Virginia Employees?
This law empowers you by pulling back the curtain on a previously opaque process. For employees and job applicants, the key impacts are:
•Right to Know: You will no longer be in the dark about whether a human or a machine is making the first cut on your application.
•Increased Fairness: The mandate for bias testing is intended to make the automated screening process fairer and reduce the chance that you are filtered out for reasons that have nothing to do with your qualifications.
•Employer Accountability: The law makes it clear that employers cannot simply blame the software vendor if a tool is found to be discriminatory. They are responsible for the tools they choose to use.
Can I Still Be Discriminated Against by a Robot?
Unfortunately, yes. While HB 999 is a major step forward, no law can eliminate bias entirely. Algorithmic discrimination can be subtle and difficult to detect. For example, an AI tool might learn to favor candidates who live in certain ZIP codes, which can be an illegal proxy for race or national origin. HB 999 specifically prohibits using such geographic data as a stand-in for protected characteristics.
If you are a qualified candidate who is consistently rejected for roles without explanation, or you suspect that an automated system is unfairly screening you out, you may be experiencing algorithmic bias.
What Should I Do If I Suspect AI Bias?
If you believe you have been the victim of AI-driven discrimination, you should document your experience and seek legal advice. Keep records of the jobs you applied for, the information you provided, and any communications you received from the employer, including any notifications about the use of AI.
Contact an Employment Lawyer
Algorithmic bias is a new and complex area of employment law. If you suspect that an automated hiring system has unfairly cost you a job opportunity in Virginia, it is crucial to speak with an employment lawyer who understands the technology and the law.
Contact us today to tell us about your case.
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