Summary of New California AI Regulations Regarding the Use of AI in Employment Decision Making

New California Artificial Intelligence regulations (AI Regulations) adopted by the Civil Rights Council (Council) will be effective October 1, 2025. These regulations  are intended to protect candidates and employees against potential employment discrimination as a result of the use of AI, algorithms and other automated-decision systems. In adopting these regulations, the Council amended protections already afforded to candidates and employees under the California Fair Employment and Housing Act (FEHA) to define terms (discussed below) such as “automated-decision system,” “agent,” “employment agency,” “algorithm,” “artificial intelligence” and “machine learning.”