By james art 
Virginia’s legislators have just adopted a revolutionary AI anti-discrimination bill, placing the basis for new obligations to observe the workplace-but this is only if the governor Glen Youngkin signed it in law. Following the leadership of the State Discrimination in Colorado, Virginia’s version, although more convenient for the industry, will still require employers to prepare for significant supervision of decision-making, led by AI starting from July 1, 2026. But there is a significant chance there to veto this democratic bill. Here’s what you need to know about this potential new law, whether you have operations in Virginia or not.
What happened?
The Virginia Senate adopted HB 2094 on February 19, a week after the State House did the same. Both votes were narrow on party lines, with the subtle democratic majority in the two chambers throwing the Republican opposition (21-19 in the Senate, 51-47 in the House).
She is now heading for governor Youngkin for final action. He is considered a moderate Republican and does not always strictly follow the party lines, but often supports the business community. Due to its business favorable slopes and aversion to regulation, many state observers expect him to veto this legislation. We will monitor the situation and provide updates if necessary.
What are the main components of the account?
If it has come into force, the new law will introduce five key elements of state legislation when it comes to AI in the workplace, starting from July 1, 2026.
- AI accountability: Companies using AI in hiring, finance, healthcare and other high bet solutions will need to exercise reasoning to prevent algorithmic bias.
- Narrow range: Virginia’s law would only apply when AI is main For such solutions, while Colorado regulates AI, as long as it is a significant factor in the result.
- Focus on the high -risk AI: The law is directed to AI systems specially designed To make consistent decisions autonomously, with the exception of lower-risk AI tools.
- Transparency and compliance: Employers will have to hold Risk ratings., Discover the use of AI to the affected people and allow appeals of AI-based adverse solutions.
- There is no private right of action: Unlike some laws to discriminate in the workplace, only Virginia General Prosecutor He could impose violations – there will be no avenue for disgruntled candidates or employees to bring court cases in court.
Who is covered?
Employers and businesses in Virginia have high -risk AI systems to make “subsequent decisions”, they will be on the hook. This includes tools powered by AI that influence:
- Employment solutions (hiring, promotions, termination, etc.)
- Lending and financial services
- Access to healthcare
- Housing admissibility
- Insurance definitions
If your AI tools help your operations rather than autonomously solve themselves or if they are intended for procedural maintenance (such as resumption), they may not qualify as a “high risk”.
3 Key obligations to comply with employers
If signed by law, Virginia’s employers will face three key obligations to comply with the requirements.
Risk and AI Impact Management Estimates
Before having AI, employers will need to evaluate the potential risk of bias and document how AI makes decisions. They will also need to follow the national standards such as the Nist risk management framework while monitoring the current AI results to detect discriminatory models.
Requirements for transparency and notice
When AI decides, employers will have to inform the persons concerned (such as candidates or employees) that AI has been used and disclose the key factors influencing the decision. They will also have to offer an appeal process (with a human examination when possible).
Taking advantage of treatment options
Violations would lead to civil penalties up to $ 10,000 for a deliberate crime. As noted above, the Virginia General Prosecutor will be the only contractor, which means that he will not have a private right of action – at least for now. Even if they are directed at the AG office, employers will receive 45 days to cure violations before they face action.
How Virginia’s potential law is compared to AI law in Colorado
This bill is compared to the AY law for the first second of Colorado, which you read here. How do they stand against each other?
What should employers do in Virginia now
Although there is still an open question whether this law will come into force in 2026, you can take some basic steps to increase your AI management game and enter the best practices, independently:
Using Audit AI: Determine all administered decisions for decision -making, finance, healthcare and other regulated areas.
Conducting bias: Make sure your AI tools undergo strict tests to prevent different impacts.
Update policies: Apply AI management frames that are aligned with the best risk management practices. Follow our guide for 10 steps to create your own AI management system.
Prepare detection processes: If the law comes into force, work with a lawyer to develop clear notification and appeal mechanisms to comply with the law.