California Civil Rights Council Automated-Decision Systems Employment Regulations (FEHA)

Properties

jurisdiction: US, California
level: state
domain: hiring
status: in-effect
scope: Applies to California employers with at least five employees (at least one in California) that use automated-decision systems in employment decisions.
obligations: Prohibits use of automated-decision systems in ways that discriminate against applicants or employees on the basis of FEHA-protected characteristics. Requires preservation of personnel records including ADS-related data for four years. Restricts online application technology that screens or ranks applicants in ways creating disparate impact on protected classes. Anti-bias testing constitutes an affirmative defense; absence of such testing can be evidence in a discrimination claim. Liability extends to third parties acting on behalf of employers.
effectiveDate: 2025-10-01
appliesTo: California employers with 5+ employees using automated-decision systems in employment contexts
officialUrl: https://calcivilrights.ca.gov/2025/06/30/civil-rights-council-secures-approval-for-regulations-to-protect-against-employment-discrimination-related-to-artificial-intelligence/
notes: Regulations approved by the Office of Administrative Law on June 27, 2025, under the Fair Employment and Housing Act (FEHA). Distinct from the California CPPA ADMT regulations, which are privacy-law based. These are anti-discrimination regulations enforced through FEHA's existing framework.

jurisdiction: US, California
level: state
domain: hiring
status: in-effect
scope: Applies to California employers with at least five employees (at least one in California) that use automated-decision systems in employment decisions.
obligations: Prohibits use of automated-decision systems in ways that discriminate against applicants or employees on the basis of FEHA-protected characteristics. Requires preservation of personnel records including ADS-related data for four years. Restricts online application technology that screens or ranks applicants in ways creating disparate impact on protected classes. Anti-bias testing constitutes an affirmative defense; absence of such testing can be evidence in a discrimination claim. Liability extends to third parties acting on behalf of employers.
effectiveDate: 2025-10-01
appliesTo: California employers with 5+ employees using automated-decision systems in employment contexts
officialUrl: https://calcivilrights.ca.gov/2025/06/30/civil-rights-council-secures-approval-for-regulations-to-protect-against-employment-discrimination-related-to-artificial-intelligence/
notes: Regulations approved by the Office of Administrative Law on June 27, 2025, under the Fair Employment and Housing Act (FEHA). Distinct from the California CPPA ADMT regulations, which are privacy-law based. These are anti-discrimination regulations enforced through FEHA's existing framework.