Calif. Civil Rights Council Gets Final OK for Employer Automated-Decisions Rules
California's anti-discrimination rules -- updated for the rise of AI -- will go into effect Oct. 1. The California Civil Rights Council said Monday that it received final approval for employment rule changes that update the state’s anti-discrimination regulations for automated decision-making technology.
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The regulations clarify how anti-discrimination laws apply to using AI in employment decisions. The council sent the proposed rules to the Office of Administrative Law in March (see 2503240042) and received approval Friday, it said.
The updated rules clarify that using an automated-decision system may violate state law if it negatively affects applicants or employees based on gender, race, disability or other protected characteristics. The rules also require employers and covered entities to maintain employment records, including automated-decision data, for at least four years. In addition, the new rules say automated-decision system assessments, including tests, questions or puzzle games that elicit information about a disability, may constitute an unlawful medical inquiry.
“We are proud to update these rules to better protect Californians from potential employment discrimination posed by the widespread use of automated decision-making systems,” said Civil Rights Councilmember Hellen Hong.
Civil Rights Councilmember Jonathan Glater added, “These rules help address forms of discrimination through the use of AI, and preserve protections that have long been codified in our laws as new technologies pose novel challenges.” Civil Rights Department Director Kevin Kish agreed that the new rules will help state anti-discrimination “protections keep pace.”