Independent regulatory intelligenceAI • AUTOMATION • WORK
BLLBot Labor Law
Search
state • CaliforniaEffectiveregulation

Employment Regulations Regarding Automated-Decision Systems

2 CCR §§ 11008 et seq. (amended)

VERIFIEDLast verified 2026-09-043 primary sourcesNext review 2027-03-03

SUMMARY

California regulations clarify how the Fair Employment and Housing Act applies when employers and other covered entities use automated-decision systems in employment decisions.

WHY IT MATTERS

The rules expressly connect automated tools to existing employment-discrimination standards and expand recordkeeping language to include automated-decision-system data.

KEY REQUIREMENTS

  • Use of an automated-decision system or selection criteria may violate FEHA when it discriminates against an applicant or employee on a protected basis.
  • Covered employment records, including automated-decision-system data, must generally be retained for at least four years.
  • Automated assessments that elicit disability-related information may constitute prohibited medical or psychological inquiries.

COVERAGE

Employers: Employers and other entities covered by California's Fair Employment and Housing Act.

Workers: Applicants and employees protected by FEHA.

ENFORCEMENT & PENALTIES

California Civil Rights Department enforcement under FEHA.

CHANGE HISTORY

  1. verification update

    Record re-verified

    Official source links, status, and key dates were checked for this maintenance release.

  2. effective

    Regulations became effective

    The approved automated-decision-system employment regulations took effect.

  3. rule adopted

    Final regulations approved

    The Office of Administrative Law approved the regulatory action and it was filed with the Secretary of State.

TOPICS

Automated Employment DecisionsAI HiringBias / DiscriminationRecordkeeping

PRIMARY SOURCES

agency • Primary sourceCivil Rights Council — Rulemaking ActionsCalifornia Civil Rights Department · Last checked 2026-09-04
regulation • Primary sourceFinal Text: Employment Regulations Regarding Automated-Decision SystemsCalifornia Civil Rights Council · Last checked 2026-09-04
regulation • Primary sourceNotice of Approval of Regulatory ActionCalifornia Office of Administrative Law · Last checked 2026-09-04

Information, not legal advice. Bot Labor Law provides general informational content that may not reflect the most current legal developments. Consult qualified counsel regarding specific legal matters.