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

JurisdictionCalifornia
LevelState
StrengthStronger
EnactedMarch 21, 2025
CitationCal. Code Regs. tit. 2 (Civil Rights Council ADS regulations); Cal. Gov. Code 12940 et seq. (FEHA)
Private right of actionYes, individuals can sue
PenaltiesEnforced through ordinary FEHA mechanisms — administrative complaints, investigations, and civil liability (back pay, damages, injunctive relief).
TopicsAI hiring and employment · automated decision-making
Agency pageCalifornia Civil Rights Council — Automated-Decision Systems Employment Regulations

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