California FEHA regulations on automated decision systems (Civil Rights Council)
In effect since October 1, 2025.
Overview
If you work in California or apply for a job there, your employer cannot use AI or automated systems in ways that discriminate against you. This covers hiring, promotions, pay, scheduling, and any other employment decision. The rules apply to any employer with 5 or more employees. If AI tools screen out people with disabilities, the employer must offer reasonable alternatives. Companies that test their AI for bias can use those results as evidence in their defense, but testing is not technically mandatory. You can file a complaint with the California Civil Rights Department or sue directly.
This is an AI-specific state law.
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Who this applies to
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
AI categories covered
- Employment and hiring
Specific AI use cases:
- Resume screening and ranking
- Candidate assessment and scoring
- Workforce scheduling and optimization
What this requires you to do
Bias Testing Required
Bias Testing Required. Review this obligation in the source text.
Record Keeping Required
Record Keeping Required. Review this obligation in the source text.
Prohibited practices
Prohibited practices. Review this obligation in the source text.
Enforcement and penalties
No per-violation dollar amounts. Enforcement through FEHA litigation with uncapped compensatory damages, punitive damages, emotional distress, back pay, front pay, and attorneys' fees. Private right of action through CRD complaint process.
Private Right of Action
This rule allows private plaintiffs to bring claims directly, in addition to government enforcement.
Related regulations in California
Explore more rules in the same jurisdiction that may apply to your AI systems.
Source and verification
View source texthttps://calcivilrights.ca.gov/employers/
Last verified:
Always verify current language and amendments at the official source.
Related regulations
- CCPA/CPRA Automated Decision-Making Technology RegulationsOverlaps
Both address automated decisions in employment but operate independently
- Illinois Human Rights Act (HB 3773 AI amendment)Overlaps
Both amend state civil rights laws for AI employment
- NYC Local Law 144 (Automated Employment Decision Tools)Overlaps
Both require bias evaluation for AI employment tools
- EEOC Guidance on AI in Employment SelectionOverlaps
Federal overlay with parallel protections
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