Charting the Future of AI Regulation: Virginia Poised to Become Second State to Enact Law Governing High-Risk AI Systems - Ogletree
Virginia is poised to become the second state to enact a law governing high-risk AI systems, which will likely impose new compliance obligations on employers using AI in hiring and employment decisions.
Aforeworn detected this change in the AI in Hiring & Employment Screening space on September 1, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Enterprise employers, staffing/RPO firms, HR-tech/ATS vendors, and background-screening providers operating in Virginia or using AI for employment decisions affecting Virginia residents. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Not specified in the excerpt; check the source for the effective date.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors AI in Hiring & Employment Screening continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
Virginia is expected to enact a law regulating high-risk AI systems, similar to Colorado's AI Act, which will require impact assessments, risk management, and notice to individuals when AI is used in employment decisions.
Who it affects
Enterprise employers, staffing/RPO firms, HR-tech/ATS vendors, and background-screening providers operating in Virginia or using AI for employment decisions affecting Virginia residents.
What you must do
Monitor legislative progress and prepare to conduct bias audits and impact assessments for any AI systems used in hiring or employment decisions once the law takes effect.
Deadline
Not specified in the excerpt; check the source for the effective date.
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