REQUESTING THE HAWAIʻI CIVIL RIGHTS COMMISSION TO EXAMINE THE APPLICABILITY OF EXISTING STATE ANTI-DISCRIMINATION LAWS TO ALGORITHMIC AND AUTOMATED DECISION SYSTEMS.

SCR184

THE SENATE

S.C.R. NO.

184

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting the hawai
ʻ
i 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
Hawai
ʻ
i
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 Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that the
Hawai
ʻ
i
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 Hawai
ʻ
i
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 Hawai
ʻ
i
Civil Rights Commission and Executive Director of the Hawai
ʻ
i
Civil Rights Commission.

OFFERED BY:

_____________________________

Report Title:
�

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