The California Civil Rights Council has secured final approval for new regulations designed to prevent employment discrimination linked to artificial intelligence (AI) and automated decision-making systems.
Set to take effect on October 1, the regulations clarify how California’s existing anti discrimination laws apply when employers use AI-driven tools for recruitment, hiring, promotion, and other employment decisions.
“These rules help address forms of discrimination through the use of AI, and preserve protections that have long been codified in our laws as new technologies pose novel challenges,” said Civil Rights Councilmember Jonathan Glater.
Automated systems, while offering efficiency gains, have come under scrutiny for replicating and amplifying bias. That includes filtering out women in male-dominated fields or targeting ads in ways that reinforce racial and gender stereotypes. The new rules aim to ensure such systems do not unfairly impact job candidates or employees based on protected characteristics like race, gender, or disability.
The regulations were shaped through a multi-year process, including over 40 public comment letters and numerous hearings. They require employers to retain employment records, including automated decision data, for at least four years. It prohibist AI-based assessments that may unlawfully elicit disability-related information.
“We are proud to update these rules to better protect Californians,” said Council Member Hellen Hong.
Kevin Kish, Director of the California Civil Rights Department (CRD), emphasized the state’s leadership in technology and regulation. “These new regulations aim to help our state’s anti discrimination protections keep pace.”
The CRD, which enforces California’s civil rights laws, invites individuals who believe they’ve experienced employment discrimination to file a complaint. More information and the full regulation text are available at calcivilrights.ca.gov.
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