H-4537.1

SUBSTITUTE HOUSE BILL 2401

ByHouse Labor & Workplace Standards (originally sponsored by Representatives Hudgins, Smith, Van Werven, Wylie, and Kloba)

AN ACT Relating to the use of artificial intelligence in job applications; adding a new section to chapter 49.44 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 49.44 RCW to read as follows:

(1) An employer that asks applicants to record video interviews and uses an artificial intelligence analysis of the applicant-submitted videos shall do all of the following when considering applicants for positions based in Washington before asking applicants to submit video interviews:

(a) Notify each applicant before the interview that artificial intelligence may be used to analyze the applicant's video interview and consider the applicant's fitness for the position.

(b) Provide the applicant with information before the interview explaining how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants.

(c) Obtain, before the interview, consent from the applicant to be evaluated by the artificial intelligence program as described in the information provided.

(2) An employer may not:

(a) Use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis;

(b) Share applicant videos, except with persons whose expertise or technology is necessary in order to evaluate an applicant's fitness for a position; or

(c) Reject an applicant solely for refusing to consent to the use of artificial intelligence analysis.

(3) Upon request from the applicant, employers, within thirty days after receipt of the request, must delete an applicant's interviews and instruct any other persons who received copies of the applicant video interviews to also delete the videos, including all electronically generated backup copies. Any other such person shall comply with the employer's instructions.

(4) For the purposes of this section, a polygraph test or similar assessment administered pursuant to RCW 43.101.080(19) is not considered artificial intelligence.

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