California CRC rules (FEHA anti-bias law applied to AI hiring/employment tools)
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)
- Status
- In effect
- Took effect
- October 1, 2025
- Applies to
- Employers, employment agencies, and often the third-party vendors that supply or operate automated-decision systems used in employment decisions.
- Enforced by
- California Civil Rights Department (CRD), with oversight by the Civil Rights Council.
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.
Who is protected: Job applicants and employees in California within FEHA's protected classes.
Legal 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.
Key facts
| Jurisdiction | California |
|---|---|
| Level | State |
| Strength | Stronger |
| Enacted | March 21, 2025 |
| Citation | Cal. Code Regs. tit. 2 (Civil Rights Council ADS regulations); Cal. Gov. Code 12940 et seq. (FEHA) |
| 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 |
| Agency page | 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 1168 — data center grid cost allocation · Enacted (not yet in effect)
- California SB 1119 Adam's Law, companion chatbots (2026) · Enacted (not yet in effect)
- California SB 867 AI chatbot toy moratorium (2026) · Enacted (not yet in effect)
Related AI hiring and employment rules elsewhere
- 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) · Blocked / in litigation
- Kistler v. Eightfold AI (FCRA, AI hiring) · Blocked / in litigation
- MD HB 1339 (Automated Decision Systems, 2026) · In effect
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