Rep. Stephanie Hu (D-50) introduced HB 2031 in the Washington House today, a companion to last session's HB 1170 that addresses what advocates have called the "decision laundering" loophole. Where HB 1170 required employers to disclose the use of AI in employment decisions, HB 2031 requires that a named human being review and personally take responsibility for any adverse outcome the AI recommends.
The bill defines "adverse outcome" as a denied hire, a denied promotion, a denied raise, a denied accommodation, a negative performance review, a denied leave request, or a termination. The named reviewer must read the AI's recommendation and the underlying inputs, document that they did so, and sign their name. Civil penalties begin at $5,000 per violation. Workers gain the right to request the reviewer's name and the AI's stated reasoning.
"The phrase 'AI made the decision' has become a way to make sure nobody made the decision," Hu said. "We're not banning AI in HR. We're saying: if it tells someone they don't get the job, a person has to sign their name to that. Not a department. A person."
The bill is co-sponsored by Reps. Reeves (D-43), Okafor (D-37), Murakami (R-41), Lopez (D-11), and Stein (D-46). It has been referred to the House Innovation & Technology Committee, where Hu is the ranking member.
SEIU 775 and the Washington State Labor Council have signaled support. The Washington Technology Industry Association has not yet taken a position. The Senate companion is expected to be carried by Sen. Aaron Park (D-41).
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