HCR 192: requesting the hawaiʻi civil rights commission to examine the applicability of existing state anti-discrimination laws to algorithmic and automated decision systems.

HOUSE CONCURRENT

RESOLUTION

requesting the hawaiʻi civil rights commission to examine the applicability of existing state anti-discrimination laws to algorithmic and automated decision systems.

     WHEREAS, Hawaii has a longstanding commitment to protecting individuals from discrimination in employment, housing, public accommodations, credit, and access to state and county services; and

     WHEREAS, the Hawaiʻi Civil Rights Commission is charged with enforcing the State's anti-discrimination laws and ensuring equal opportunity for all of Hawaii's residents; and

     WHEREAS, algorithmic and automated decision systems, including artificial intelligence tools, are increasingly used in employment screening, tenant selection, credit determinations, and public benefits eligibility determinations to make decisions in areas that are traditionally protected by anti-discrimination laws; and

     WHEREAS, research and national experience suggests that algorithmic and automated determination systems may replicate, amplify, or obscure patterns of discrimination, particularly when these systems are built upon biased data or opaque modeling practices or lack sufficient oversight; and

     WHEREAS, discrimination arising from algorithmic and automated decision systems may present novel jurisdictional, evidentiary, and enforcement questions under the State's existing civil rights statutes; and

     WHEREAS, ensuring that civil rights protections remain effective in the face of evolving technologies is consistent with this body's responsibility to uphold fairness, equal protection, and public confidence in government; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Hawaiʻi Civil Rights Commission is requested to examine the applicability of existing state anti-discrimination laws to algorithmic and automated decision systems; and

     BE IT FURTHER RESOLVED that the examination include, to the extent possible:

     (1)  An assessment of whether existing state law provides sufficient authority to investigate and remedy discrimination arising from algorithmic or automated determination systems;

     (2)  Identification of potential jurisdictional or evidentiary challenges associated with algorithmic discrimination claims;

     (3)  Evaluation of whether guidance, rulemaking, or administrative clarification may assist individuals and regulated entities in understanding their rights and responsibilities;

     (4)  Consideration of the feasibility of establishing an intake or complaint pathway for alleged algorithmic or automated discrimination under existing state law; and

     (5)  Recommendations, if any, for legislative action to ensure civil rights and anti-discrimination protections remain effective; and

     BE IT FURTHER RESOLVED that the Hawaiʻi Civil Rights Commission is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chair of the Hawaiʻi Civil Rights Commission and Executive Director of the Hawaiʻi Civil Rights Commission.

Report Title: 

Hawaii Civil Rights Commission; Civil Rights; Anti-Discrimination; Algorithmic Decision Making; Automated Decision Making; Report