Virginia has taken a step closer to becoming the second state (after Colorado) to enact comprehensive legislation addressing discrimination stemming from the use of artificial intelligence (AI), with the states taking different approaches to this emerging regulatory challenge.

On February 12, 2025, the Virginia state senate passed the High-Risk Artificial Intelligence Developer and Deployer Act (H.B. 2094) which, if signed into law, will regulate the use of AI in various contexts, including when it is used to make decisions regarding “access to employment.” The legislation now heads to Governor Glenn Youngkin’s desk for signature. If signed, the law will come into force on July 1, 2026, and will establish new compliance obligations for businesses that deploy “high-risk” AI systems affecting Virginia “consumers,” including job applicants.

Quick Hits

• If signed into law by Governor Youngkin, Virginia’s High-Risk Artificial Intelligence Developer and Deployer Act (H.B. 2094) will go into effect on July 1, 2026, giving affected businesses plenty of time to understand and prepare for its requirements.
• The legislation applies to AI systems that autonomously make—or significantly influence—consequential decisions, such as lending, housing, education, and healthcare, and potentially job hiring as well.
• Although H.B. 2094 excludes individuals acting in a commercial or employment context from the definition of “consumer,” the term “consequential decision” specifically includes...

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