California Civil Rights Council Employment Regulations on Automated-Decision Systems
California · Cal. Code Regs. tit. 2 (Civil Rights Council ADS regulations); Cal. Gov. Code 12940 et seq. (FEHA)
These regulations make clear that California's existing anti-discrimination employment law applies to automated-decision systems, including AI tools used in hiring, promotion, and other job decisions. Employers cannot use AI or algorithmic tools that discriminate against people based on protected characteristics such as race, sex, age, or disability, and must keep records related to these systems for at least four years.
Technical detail
Adopted by the California Civil Rights Council under the Fair Employment and Housing Act (Cal. Gov. Code 12940 et seq.), the regulations confirm FEHA's discrimination prohibition extends to automated-decision systems (including AI) and impose a four-year retention requirement for ADS-related employment records.
Who is protected: Job applicants and employees in California within FEHA's protected classes.
Who must comply: Employers, employment agencies, and often the third-party vendors that supply or operate automated-decision systems used in employment decisions.
Key facts
| Jurisdiction | California |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Stronger protection |
| Effective date | 2025-10-01 |
| Enacted | 2025-03-21 |
| Citation | Cal. Code Regs. tit. 2 (Civil Rights Council ADS regulations); Cal. Gov. Code 12940 et seq. (FEHA) |
| Enforced by | California Civil Rights Department (CRD), with oversight by the Civil Rights Council. |
| Private right of action | Yes — individuals can sue |
| Penalties | Enforced through ordinary FEHA mechanisms — administrative complaints, investigations, and civil liability (back pay, damages, injunctive relief). |
| Topics | AI hiring and employment · automated decision-making |
| Last verified | 2026-06-16 |
| Official source | California Civil Rights Council — Automated-Decision Systems Employment Regulations ↗ |
More AI rules in California
- CA EO N-6-26 (AI Workforce) · In effect
- California AB 489 (AI healthcare chatbot misrepresentation ban) · In effect
- X.AI v. Bonta (AB 2013 training-data disclosure) · Blocked / in litigation
- CA SB 1298 (2012 AV authorization) · In effect
- CA AB 856 (2015 drone trespass) · In effect
- California Bot Disclosure Act (bots must self-identify in sales/election messaging) · In effect
Related AI hiring and employment rules elsewhere
- CO ADMT Act (SB 26-189, 2026) · Enacted (not yet in effect)
- Maine LD 61 (employer surveillance disclosure & prohibition) · In effect
- Washington SHB 1672 (employee monitoring notice, ADS restrictions, emotion AI ban) · In effect
- Stop Spying Bosses Act (Senate, 2026) · Proposed / pending
- Meta AI Layoff Discrimination Lawsuit (2026) · In effect
- Kistler v. Eightfold AI (FCRA, AI hiring) · In effect
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