The California Civil Rights Council, which promulgates regulations that implement California’s civil rights laws, has published a new set of regulations concerning artificial intelligence (“AI”) in the workplace. These new rules (available here) are set to go into effect on October 1, 2025 and amend the existing regulatory framework of the Fair Employment and Housing Act (“FEHA”). This latest round of regulations is continuing a trend of California policing AI in the workplace, as we have previously reported here and here.
According to the Civil Rights Department, these regulations are needed because “[a]utomated-decision systems — which may rely on algorithms or artificial intelligence — are increasingly used in employment settings to facilitate a wide range of decisions related to job applicants or employees, including with respect to recruitment, hiring, and promotion … [and] can also exacerbate existing biases and contribute to discriminatory outcomes.” Such “automated-decision systems” are defined as computational processes that make a decision or facilitate human decision-making regarding an employment benefit, which may be derived from and/or use artificial intelligence, machine-learning, algorithms, statistics, and/or other data processing techniques.
These regulations attempt to clarify the application of existing anti-discrimination employment laws (i.e., FEHA) in the context of AI. Among other changes, the regulations:
The offshore world has always attracted strong opinions. It’s complex, global, and full of moving parts that most people don’t fully understand. Mix that with online anonymity and you suddenly hav...