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California FEHA regulations on automated decision systems (Civil Rights Council)

Effective date

Penalty

No per-violation dollar amounts. Enforcement through FEHA litigation with uncapped compensatory damages, punitive damages, emotional distress, back pay, fron…

Obligations mapped

6 obligations

Live Update

Legislative update

California SB 7 (No Robo Bosses Act) is pending legislation that would add human oversight, opt-out, and appeal requirements on top of these regulations. AB 1018 would broadly regulate AI in consequential decisions including employment.

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. Where AI tools screen out people with disabilities, the employer may need to 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 the following roles:

  • Developers of covered AI systems
  • Deployers and users of covered AI systems
  • Organizations operating in California

This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.

Section 11009(f) · Section 11009(f) (second sentence) and related sections

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

6 obligations identified from statutory analysis.

Section 11013(c)

Section 11009(f) (second sentence)

Sections 11017(a), 11017(e), 11072(b)(1)

Sections 11071(a)(1), 11071(c)

Section 11009(f)

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.

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: plaintiffs may bring direct claims in addition to government enforcement.

Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.

Source verification

Verified against enrolled statute text

View source text

Related regulations

California AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.