Washington SHB 1672 — Addressing Technology Used by Employers in the Workplace

Washington SHB 1672, effective July 1, 2026, is one of the most comprehensive U.S. employer monitoring laws. Employers must give employees 15 calendar days' written notice before any monitoring begins or before any change to monitoring. Notice must specify what is monitored, the method used, the purpose, who can access the data, and how long it is retained. The law prohibits off-duty monitoring, monitoring in private spaces (bathrooms, locker rooms), and monitoring personal vehicles. It restricts AI-based emotion recognition, gait recognition, and facial recognition in employment-related decisions. Employers must conduct impact assessments before deploying automated decision systems and must provide human oversight of ADS-driven performance evaluations. Employees have a private right of action with damages of at least $500 per violation plus attorney fees. Civil penalties may reach $10,000 per violation. The law applies to any employer with one or more Washington employees, including remote employees of out-of-state companies.

Technical detail

Washington SHB 1672 (2025-2026 biennium, 2025 regular session; P.L. 2025 Ch. — ; bill analysis published as '1672 HBA LAWS 25'). Introduced January 28, 2025; enacted during 2025 WA regular session (exact signing date by Governor Ferguson unconfirmed). Effective July 1, 2026. Scope: any employer with 1+ WA employees. Requirements: (1) 15-day advance written notice before monitoring begins or changes; (2) notice content: what monitored, method, purpose, data access, retention period; (3) prohibition on off-duty monitoring, bathroom/locker room monitoring, personal-vehicle monitoring; (4) prohibition on AI-based emotion recognition, gait recognition, facial recognition in employment decisions; (5) prohibition on predicting employee emotions or personality via ADS; (6) human oversight requirement for ADS-assisted performance evaluations; (7) impact assessments before ADS deployment. Enforcement: private right of action ($500+ per violation plus attorney fees); L&I complaint investigation; civil penalties up to $10,000 per violation. Widely cited as 'strictest employee monitoring law in the United States' in compliance guides.

Who is protected: Employees and prospective employees of employers with operations in Washington State, including remote workers

Who must comply: Employers with one or more Washington State employees (including out-of-state employers with WA remote workers)

Key facts

More AI rules in Washington

• My Health My Data Act · In effect
• SB 5152 (Election Synthetic Media) · In effect
• SSB 5886 (WA Digital Likeness Rights) · In effect
• HB 2225 (WA Chatbot Safety) · Enacted (not yet in effect)
• HB 1170 (WA AI Content Disclosure) · Enacted (not yet in effect)
• Washington HB 1999 (criminalizes AI/fabricated CSAM and nonconsensual fake intimate images) · In effect

Related AI hiring and employment rules elsewhere

• FCRA (AI in credit & background checks) · In effect
• Title VII / ADA (AI hiring) · In effect
• Mobley v. Workday (AI Hiring Bias) · Blocked / in litigation
• EEOC AI Title VII Guidance · In effect
• DOL WHD FAB 2024-1 · In effect
• OPM AI Workforce Guidance · In effect