Skip to content
AI Policy Generator

ESWhat applies

California · Regulation

California employment regulations on automated-decision systems (FEHA)

In forceFEHA automated-decision systems

Summary

Since October 1, 2025, California's employment anti-discrimination law expressly covers automated-decision systems (AI, algorithms, scoring). A system that disadvantages protected groups can be unlawful; anti-bias testing counts toward a defense. Data from these systems must be kept for four years, and employers are responsible for vendors acting on their behalf.

Who it applies to

Employers with 5 or more employees, and their agents (including tool vendors), with applicants or employees in California.

Penalties

FEHA remedies: back pay, damages, attorney's fees and orders from the CRD or courts.

Official name
Employment Regulations Regarding Automated-Decision Systems (Cal. Code Regs., tit. 2, § 11008 et seq.)
Official reference
Cal. Code Regs., tit. 2, Div. 4.1; aprobado por la OAL el 27 de junio de 2025; vigente el 1 de octubre de 2025
Regulator
California Civil Rights Council and Civil Rights Department (CRD)
Official source
Check the sourceHow we verify sources

Key dates

Obligations and dates

Obligations table
ObligationArticle or citationStatusDateWho it applies toVerification
Do not use discriminatory automated-decision systems (anti-bias testing supports a defense)Cal. Code Regs., tit. 2, § 11009 y ss.In forceOctober 1, 2025Applies to employers with 5 or more employees using AI or algorithms with applicants or employees in California.Pending confirmation in the official source (last checked: November 4, 2026)
Keep automated-decision system data for four yearsCal. Code Regs., tit. 2, § 11013(c)In forceOctober 1, 2025Applies to FEHA-covered employers that use these systems.Pending confirmation in the official source (last checked: November 4, 2026)
Oversee hiring-tool vendorsCal. Code Regs., tit. 2, § 11008 (definición de agente)In forceOctober 1, 2025Applies if a vendor screens, filters or evaluates people on your behalf.Pending confirmation in the official source (last checked: November 4, 2026)

Do not use discriminatory automated-decision systems (anti-bias testing supports a defense)

Cal. Code Regs., tit. 2, § 11009 y ss.In force

Applies from October 1, 2025

When it relates
Applies to employers with 5 or more employees using AI or algorithms with applicants or employees in California.
What the rule provides
  • Do not use systems that discriminate based on protected characteristics or proxies.
  • Recommended: run anti-bias tests before use and periodically and act on the results; their existence, quality and outcome are relevant to a defense, although the regulations do not impose them as a standalone duty.
  • Offer reasonable accommodation when the system assesses traits linked to disability or religion.
Typical evidence
  • Anti-bias test reports with date, scope and actions taken
Verification
Pending confirmation in the official source (last checked: November 4, 2026)Effective date (Oct 1, 2025) and OAL approval (Jun 27, 2025) checked in the CRD's official press release. The official text of 2 CCR § 11009 et seq. is still missing; the substantive content comes from law firms (Mayer Brown, Jackson Lewis).

Keep automated-decision system data for four years

Cal. Code Regs., tit. 2, § 11013(c)In force

Applies from October 1, 2025

When it relates
Applies to FEHA-covered employers that use these systems.
What the rule provides
  • Keep inputs, outputs and data used to configure or customize the system for four years.
Typical evidence
  • Retention policy and decision records
Related base documents
Verification
Pending confirmation in the official source (last checked: November 4, 2026)The CRD's official press release (Jun 30, 2025) confirms that employment records, including automated-decision system data, must be kept for at least four years. The section number (2 CCR § 11013(c)) still has to be checked in the official text.

Oversee hiring-tool vendors

Cal. Code Regs., tit. 2, § 11008 (definición de agente)In force

Applies from October 1, 2025

When it relates
Applies if a vendor screens, filters or evaluates people on your behalf.
What the rule provides
  • Ask the vendor for anti-bias testing and access to the data needed to keep records.
  • Set responsibilities, audit rights and cooperation on complaints in the contract.
Typical evidence
  • Due diligence questionnaire and signed contract
Verification
Pending confirmation in the official source (last checked: November 4, 2026)The official text of 2 CCR § 11008 (agent definition) is still missing; the content comes from law firms and specialist publications. The CRD press release does not give section numbers.

Related rules

Regulatory change alerts by country

Pick the countries you care about and we will email you when we change a rule or an application date for those countries in our registry.

  • Changes to the rules of the countries you pick, when we add them to the registry.
  • New application dates.
  • No more than one email a week. Unsubscribe at any time.

It is a free, informational notice, not a legal monitoring service: it does not necessarily catch every change or within a set time.

Countries · Pick one or more.
US states
Email language
Manage my alerts

Find out what applies to you (free)