The California Civil Rights Council recently announced securing final approval for regulations to protect against potential employment discrimination as a result of the use of artificial intelligence, algorithms, and other automated-decision systems. The newly approved regulations provide increased clarity on how existing anti-discrimination laws apply to the use of artificial intelligence in employment decisions.
The regulations clarify the application of existing antidiscrimination laws in the workplace in the context of new and emerging technologies, like artificial intelligence. Among other changes, the Civil Rights Council’s regulations aim to:
- Make it clear that the use of an automated-decision system may violate California law if it harms applicants or employees based on protected characteristics, such as gender, race, or disability.
- Ensure employers and covered entities maintain employment records, including automated-decision data, for a minimum of four years.
- Affirm that automated-decision system assessments, including tests, questions, or puzzle games that elicit information about a disability, may constitute an unlawful medical inquiry.
- Add definitions for key terms used in the regulations, such as “automated-decision system,” “agent,” and “proxy.”
The full text of the regulations and additional information on the Civil Rights Council is available here. These new rules are set to go into effect on October 1, 2025.
