The California Civil Rights Council has been working on proposed regulation revisions to include automated decision-making in the requirements under the Fair Employment and Housing Act (FEHA).

The council met on Oct. 17 for public comment on the most recent version of the regulations and voted to extend the comment period to 30 days, though the period is typically only 15 days.

Here are some of the highlights of the proposed regulations.

Definitions

1. An automated decision system (ADS) is defined as a “computational process that screens, evaluates, categorizes, recommends, or otherwise makes a decision or facilitates human decision-making that impacts applicants or employees.” The definition excludes word processing software, spreadsheet software, and map navigation systems.

2. Adverse impact (or disparate impact) includes the use of a facially neutral practice that may create a substantial disparity in the rate of selection in hiring, promotion, or other employment decisions that work to the disadvantage of a group of individuals on a basis protected by FEHA.

3. A proxy is a technically neutral characteristic or category correlated with a basis protected by FEHA.

4. The regulations define examinations or inquiries that are administered in whole or part using an ADS as being medical or psychological examinations.

Revisions to Existing Regulations

Under the proposed regulations, it is unlawful for an employer to use an ADS or selection criteria that harm an applicant or...

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