Virginia · House Bill · 2026 Session
HB—1514
Virginia House Bill No. 1514 — A Bill to amend the Code of Virginia by adding sections numbered 2.2-1202.2 and 15.2-1500.2 and by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12, relating to employment decisions; automated decision systems; civil penalty.
Status ● Failed Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES

D-01 AUTOMATED PROCESSING RIGHTS & DATA CONTROLS
4 OBLIGATIONS D-01.3D-01.4
G-01 AI GOVERNANCE PROGRAM & DOCUMENTATION
2 OBLIGATIONS G-01.7
H-01 HUMAN OVERSIGHT OF AUTOMATED DECISIONS
7 OBLIGATIONS H-01.1H-01.3H-01.5H-01.6
H-02 NON-DISCRIMINATION & BIAS ASSESSMENT
4 OBLIGATIONS H-02.1H-02.8

How Is This Bill Enforced

Enforcement Authority
Commissioner of Labor and Industry enforces the private-employer provisions (§ 40.1-28.7:12). Enforcement is agency-initiated: the Commissioner notifies the employer of alleged violations by certified mail, and the employer may request an informal conference within 15 days. The Commissioner may petition a circuit court for injunctive or other relief. For state agencies, the Director of the Department of Human Resource Management has supervisory authority. For local government entities, obligations are self-executing. No private right of action.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Civil penalty not to exceed $500 for a first violation and $1,500 for each subsequent violation, assessed by the Commissioner and paid to the Literary Fund. Penalty amount considers size of business and gravity of violation. The Commissioner may also petition a circuit court for injunctive or other equitable relief. Penalties apply only to private employers under § 40.1-28.7:12; no monetary penalties specified for state or local government entities.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Va. Code § 2.2-1202.2
Additional powers and duties of Director; automated decision systems (state agencies)
Government

(A) For purposes of this section: "Algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A)" means the use of an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 2.2-1202.2(A) that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 2.2-1202.2(A)" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A)" means any computational process, including those derived from artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 2.2-1202.2(A) or machine learning, used to make or assist in making decisions related to employment. "Automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A)" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data. "Employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A)" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A)" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity. "Personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A)" means the same as that term is defined in § 59.1-575. "Substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A)" means a factor that is (i) used as the principal basis for making an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A), (ii) capable of altering the outcome of an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A), and (iii) generated by an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A). "Substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A)" includes any use of an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) concerning the individual.

(B)(1) 1 The Director shall require any state agency that uses an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) as a substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A) in any employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) to: 1. Ensure that the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and the use of such system complies with federal and state law, including the Virginia Human Rights Act (§ 2.2-3900 et seq.);

(B)(2) 2 2. Disclose (i) the fact that an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) is being used; (ii) the intended use of the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A), including evaluating job candidates, making compensation decisions, or considering employees for promotion; (iii) the type of data inputs received by the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and the source of such data; (iv) how the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) will be used in the state agency's decision-making processes; and (v) the extent to which an individual's personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A) will be shared with third parties or used as future inputs for the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A);

(B)(3) 3 3. Provide to all individuals the right to opt out of the use of the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) and a process by which individuals with disabilities may seek accommodations for the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A);

(B)(4) 4 4. Annually test, or ensure that an appropriate contractor employed by such agency annually tests, the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A) and certify its compliance with federal and state law;

(B)(5) 5 5. Ensure that state agency staff who handle personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A) collected by the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and the storage of such data do so in accordance with federal and state law and all state agency data agreements and privacy policies;

(B)(6) 6 6. Train state agency staff who use the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) to comply with applicable federal and state law and ensure that the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) does not result in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A).

(C) 7 No employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) shall be made by a state agency without the involvement of a human decision maker. No state agency shall solely use any recommendation or prediction from an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) to make an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A).

(D) 8 The Department shall establish and publicize a process for applicants for employment and employees to file concerns and complaints regarding the use of automated decision systemsAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) in the Commonwealth's employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) and a process for the investigation and resolution of any such concerns and complaints. Such process shall be separate and apart from the dispute resolution process described in § 2.2-1202.1.

This section imposes obligations on the Director of the Department of Human Resource Management to require state agencies using automated decision systems as a substantial factor in employment decisions to meet six categories of requirements: legal compliance, disclosure, opt-out rights and disability accommodations, annual bias testing, data handling compliance, and staff training. It also mandates human involvement in every employment decision and prohibits sole reliance on automated recommendations. Finally, it requires the Department to establish a complaint process for applicants and employees.

The obligations parallel those in § 15.2-1500.2 for local government entities, with nearly identical substantive requirements adapted for the state agency context. Unlike the private employer section (§ 40.1-28.7:12), the state and local government sections impose comprehensive transparency, testing, and training obligations beyond the simple human-in-the-loop requirement.

Compliance actions 8 items
1
State agencies must ensure that any automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) used as a substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A) in employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A), and the agency's use of that system, complies with federal and state law, including the Virginia Human Rights Act.
H-02.1
2
State agencies must disclose to affected individuals: (i) the fact that an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) is being used; (ii) the intended use of the system (e.g., evaluating candidates, making compensation decisions, considering employees for promotion); (iii) the type of data inputs received by the system and the source of such data; (iv) how the system will be used in the agency's decision-making processes; and (v) the extent to which an individual's personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A) will be shared with third parties or used as future inputs for the system.
H-01.1
3
State agencies must provide all individuals the right to opt out of the use of the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) and must provide a process by which individuals with disabilities may seek accommodations for the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A).
D-01.3
4
State agencies must annually test the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A) — either directly or through an appropriate contractor — and certify the system's compliance with federal and state law.
H-02.1
5
State agencies must ensure that staff who handle personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A) collected by the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and the storage of such data do so in accordance with federal and state law and all agency data agreements and privacy policies.
D-01.4
6
State agencies must train all staff who use the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) to comply with applicable federal and state law and to ensure the system does not result in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A).
G-01.7
7
State agencies may not make any employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) without the involvement of a human decision maker. No state agency may solely use any recommendation or prediction from an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) to make an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A).
H-01.6
8
The Department of Human Resource Management must establish and publicize a process for applicants and employees to file concerns and complaints about the use of automated decision systemsAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) in the Commonwealth's employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A), and a process for investigation and resolution of those complaints. This process must be separate from the existing dispute resolution process under § 2.2-1202.1.
H-01.5
Va. Code § 15.2-1500.2
Employment decisions; use of automated decision system prohibited (local government)
Government

(A) As used in this section, unless the context requires a different meaning: "Algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A)" means the use of an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 2.2-1202.2(A) that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 2.2-1202.2(A)" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A)" means any computational process, including those derived from artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 2.2-1202.2(A) or machine learning, used to make or assist in making decisions related to employment. "Automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A)" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data. "Employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A)" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A)" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity. "Personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A)" means the same as that term is defined in § 59.1-575. "Substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A)" means a factor that is (i) used as the principal basis for making an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A), (ii) capable of altering the outcome of an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A), and (iii) generated by an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A). "Substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A)" includes any use of an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) concerning the individual.

(B)(1) 9 Any department, office, board, commission, agency, or instrumentality of local government that uses an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) as a substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A) in any employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) shall: 1. Ensure that the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and the use of such system complies with federal and state law, including the Virginia Human Rights Act (§ 2.2-3900 et seq.);

(B)(2) 10 2. Disclose (i) the fact that an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) is being used; (ii) the intended use of the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A), including evaluating job candidates, making compensation decisions, or considering employees for promotion; (iii) the type of data inputs received by the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and the source of such data; (iv) how the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) will be used in the decision-making processes of the department, office, board, commission, agency, or instrumentality of local government; and (v) the extent to which an individual's personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A) will be shared with third parties or used as future inputs for the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A);

(B)(3) 11 3. Provide to all individuals the right to opt out of the use of the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) and a process by which individuals with disabilities may seek accommodations for the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A);

(B)(4) 12 4. Annually test, or ensure that an appropriate contractor employed by such department, office, board, commission, agency, or instrumentality of local government annually tests, the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A) and certify its compliance with federal and state law;

(B)(5) 13 5. Ensure that the staff of the department, office, board, commission, agency, or instrumentality of local government who handle personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A) collected by the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and the storage of such data do so in accordance with federal and state law and all data agreements and privacy policies of such department, office, board, commission, agency, or instrumentality of local government;

(B)(6) 14 6. Train the staff of the department, office, board, commission, agency, or instrumentality of local government who use the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) to comply with applicable federal and state law and ensure that the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) does not result in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A).

(C) 15 No employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) shall be made by a department, office, board, commission, agency, or instrumentality of local government without the involvement of a human decision maker. No department, office, board, commission, agency, or instrumentality of local government shall solely use any recommendation or prediction from an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) to make an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A).

(D) 16 Any department, office, board, commission, agency, or instrumentality of local government that uses an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) as a substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A) in any employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) shall establish and publicize a process for applicants for employment and employees to file concerns and complaints regarding the use of automated decision systemsAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) in employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) and a process for the investigation and resolution of any such concerns and complaints.

This section imposes on local government entities — departments, offices, boards, commissions, agencies, and instrumentalities of local government — the same set of obligations that § 2.2-1202.2 imposes on state agencies. The substantive requirements are identical: legal compliance, five-part disclosure, opt-out and disability accommodation rights, annual bias testing and certification, data handling, and staff training. Local government entities must also provide a human decision maker for every employment decision and establish a complaint process.

The section repeats the defined terms from § 2.2-1202.2 verbatim, adapted to the local government context. No civil penalty provision applies to local government entities; enforcement would rely on general local government accountability mechanisms.

Compliance actions 8 items
9
Local government entities must ensure that any automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) used as a substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A) in employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A), and the entity's use of that system, complies with federal and state law, including the Virginia Human Rights Act.
H-02.1
10
Local government entities must disclose to affected individuals: (i) the fact that an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) is being used; (ii) the intended use of the system; (iii) the type of data inputs received and their source; (iv) how the system will be used in the entity's decision-making processes; and (v) the extent to which personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A) will be shared with third parties or used as future inputs.
H-01.1
11
Local government entities must provide all individuals the right to opt out of the use of the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) and must provide a process by which individuals with disabilities may seek accommodations.
D-01.3
12
Local government entities must annually test the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A) — either directly or through a contractor — and certify compliance with federal and state law.
H-02.1
13
Local government entities must ensure that staff who handle personal dataPersonal data"Personal data" means the same as that term is defined in § 59.1-575.Va. Code § 2.2-1202.2(A) collected by the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and the storage of such data do so in accordance with federal and state law and all entity data agreements and privacy policies.
D-01.4
14
Local government entities must train staff who use the automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) for employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) to comply with applicable federal and state law and to ensure the system does not result in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, sexual orientation, veteran status, or other classification protected under state or federal law.Va. Code § 2.2-1202.2(A).
G-01.7
15
Local government entities may not make any employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) without the involvement of a human decision maker. No local government entity may solely use any recommendation or prediction from an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) to make an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A).
H-01.6
16
Local government entities that use an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) as a substantial factorSubstantial factor"Substantial factor" means a factor that is (i) used as the principal basis for making an employment decision, (ii) capable of altering the outcome of an employment decision, and (iii) generated by an automated decision system. "Substantial factor" includes any use of an automated decision system to generate any content, decision, prediction, or recommendation concerning an individual that has a legal or similarly significant effect on an employment decision concerning the individual.Va. Code § 2.2-1202.2(A) in employment decisionsEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) must establish and publicize a process for applicants and employees to file concerns and complaints about the use of automated decision systemsAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) and a process for investigation and resolution of those complaints.
H-01.5
Va. Code § 40.1-28.7:12
Employment decisions; use of automated decision system prohibited; civil penalty (private employers)
Deployer

(A) As used in this section: "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 2.2-1202.2(A)" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A)" means any computational process, including those derived from artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 2.2-1202.2(A) or machine learning, used to make or assist in making decisions related to employment. "Automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A)" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data. "EmployerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A)" means the same as that term is defined in § 40.1-2. "Employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A)" means any final decision made by an employerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A)" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.

(B) 17 No employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) shall be made by an employerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) without the involvement of a human decision maker. No employerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) shall solely use any recommendation or prediction from an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) to make an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A).

(C) Any employerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) that knowingly violates the provisions of this section shall be subject to a civil penalty not to exceed $500 for a first violation and $1,500 for each subsequent violation. The Commissioner shall notify any employerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) that he alleges has violated the provisions of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) may request an informal conference regarding such violation with the Commissioner. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) charged and the gravity of the violation. The decision of the Commissioner shall be final. Civil penalties under this section shall be assessed by the Commissioner and paid to the Literary Fund. The Commissioner shall prescribe procedures for the payment of proposed penalties that are not contested by employersEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A).

(E) The Commissioner or his authorized representative shall have the right to petition a circuit court for injunctive or such other relief as may be necessary for the enforcement of this section.

This section applies to private employers. Unlike the state and local government sections, it imposes only a single substantive obligation: no employment decision may be made without human involvement, and no employer may solely rely on an automated decision system's recommendation or prediction. The section does not impose the disclosure, opt-out, bias testing, data handling, training, or complaint process obligations that apply to government entities.

The enforcement mechanism is a civil penalty scheme administered by the Commissioner of Labor and Industry. First violations carry a maximum penalty of $500; subsequent violations carry a maximum of $1,500. The Commissioner must notify employers by certified mail and provide an opportunity for an informal conference. The Commissioner may also petition a circuit court for injunctive relief.

Compliance actions 1 item
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EmployersEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) may not make any employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A) without the involvement of a human decision maker. No employerEmployer"Employer" means the same as that term is defined in § 40.1-2.Va. Code § 40.1-28.7:12(A) may solely use any recommendation or prediction from an automated decision systemAutomated decision system"Automated decision system" means any computational process, including those derived from artificial intelligence systems or machine learning, used to make or assist in making decisions related to employment. "Automated decision system" does not include identity and access management tools, calculators, databases, datasets, or other compilations of data.Va. Code § 2.2-1202.2(A) to make an employment decisionEmployment decision"Employment decision" means a decision related to an individual's employment status, including the recruitment, hiring, promotion, discipline, or termination of an employee. "Employment decision" includes a decision related to the content publicized for the recruitment of individuals for an employment opportunity, but does not include a decision related to the tools used to advertise or market an employment opportunity.Va. Code § 2.2-1202.2(A). A knowing violation is subject to a civil penalty of up to $500 for a first violation and $1,500 for each subsequent violation.
H-01.6

Passage Likelihood

Failed
Status Failed
Final action Left in Committee Appropriations

Legislative History

2026-01-23 Presented and ordered printed 26105693D
2026-01-23 Referred to Committee on General Laws
2026-02-02 Assigned HGL sub: Professions/Occupations and Administrative Process
2026-02-05 Fiscal Impact Statement from Department of Planning and Budget (HB1514)
2026-02-05 Subcommittee recommends reporting and referring to Appropriations (8-Y 0-N)
2026-02-10 Reported from General Laws and referred to Appropriations (21-Y 0-N)
2026-02-10 Assigned HAPP sub: General Government and Capital Outlay
2026-02-11 Subcommittee recommends laying on the table (5-Y 0-N)
2026-02-18 Left in Committee Appropriations

Sources

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Entry Last Reviewed

2026-05-04
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