California Civil Rights Council rules on automated-decision systems at work
Clarifies that using an automated-decision system in hiring or other employment decisions can violate California anti-discrimination law if it harms applicants or employees based on protected traits. Requires keeping employment records, including automated-decision data, for at least four years, and notes that some AI assessments can be unlawful medical inquiries.
At a glance
In force
- Jurisdiction
- California
- Type
- Regulation
- Official title
- Civil Rights Council regulations to protect against employment discrimination related to artificial intelligence, algorithms and other automated-decision systems (Fair Employment and Housing Act regulations)
What this means for you
If you build AI
- If you sell hiring or HR tools, employers will ask for evidence of anti-bias testing and for data they must keep for four years.
If you deploy AI
- Using an automated-decision system in hiring or other job decisions can be discrimination if it harms people based on protected traits.
- Keep employment records, including automated-decision data, for at least four years; test tools for bias.
If you use AI
- If an AI hiring or workplace tool treated you unfairly because of a protected trait, California anti-discrimination law can apply.
Key dates
No key dates recorded.
Status history
In the Drops
No Drop has covered this law yet.