EveryAILaw.comDoes California Employment Regulations Regarding Automated-Decision Systems require Bias & Discrimination Prevention?
California • enforcing
Yes — 1 provision
Requirements at a glance
This regulation imposes 3 specific requirements for Bias & Discrimination Prevention across 1 provision:
- Non-discrimination — Employers 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 evidence — Evidence 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 decisions — Covers recruitment, hiring, promotion, renewal, training, discharge, discipline, tenure, and employment terms
Prohibition on Discriminatory Automated Employment Decisions
Requirements
| Requirement | Details |
|---|---|
| Non-discrimination | Employers 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 evidence | Evidence 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 decisions | Covers recruitment, hiring, promotion, renewal, training, discharge, discipline, tenure, and employment terms |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Existing FEHA enforcement mechanisms |