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California Employment Regulations Regarding Automated-Decision Systems

Jurisdiction:
California
enforcing
Effective:
Oct 1, 2025
Authority:
California Civil Rights Council
Official text

Obligations Covered

Bias & Discrimination Prevention Record-Keeping & Documentation

Timeline

MilestoneDateNotes
ProposedMar 15, 2024Civil Rights Council proposed draft
Final textJul 18, 2025Final regulations adopted
EffectiveOct 1, 2025In effect

Related Regulations and Standards

Related instruments are selected from shared compliance obligations and jurisdiction coverage.

Provisions (2)

Prohibition on Discriminatory Automated Employment Decisions

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Obligation:
Bias Prevention
enforcing
Effective:
Oct 1, 2025
Risk tier:
high-risk
Scope:
employers and other covered entities

Requirements

RequirementDetails
Non-discriminationEmployers and other covered entities must not use automated-decision systems or selection criteria that discriminate against applicants or employees on a basis protected by FEHA, subject to any available defense (§ 11009(f))
Anti-bias evidenceEvidence or lack of anti-bias testing or similar proactive efforts is relevant to a discrimination claim or defense, including the quality, efficacy, recency, scope, results, and response (§ 11009(f))
Scope of decisionsCovers recruitment, hiring, promotion, renewal, training, discharge, discipline, tenure, and employment terms

Penalties

ViolationFine
Non-complianceExisting FEHA enforcement mechanisms
Sources: California Civil Rights Council — Employment

Employment Records Retention for ADS

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Obligation:
Record Keeping
enforcing
Effective:
Oct 1, 2025
Risk tier:
high-risk
Scope:
employers and other covered entities

Requirements

RequirementDetails
Records retentionPersonnel and other employment records — expressly including selection criteria and automated-decision system data — must be preserved for four years from the date the record was made or the date of the personnel action, whichever is later (§ 11013(c))
Complaint preservationOn notice or knowledge that a complaint has been filed, a respondent must preserve all relevant records and files, expressly including automated-decision system data, until the later of expiry of the civil-action filing period or final disposition of the complaint and all related proceedings (§ 11013(c)(4))

Penalties

ViolationFine
Non-complianceExisting FEHA enforcement mechanisms
Sources: California Civil Rights Council — Employment
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