Law / United States / 
California
Civil Rights Council Employment Regulations on Automated-Decision Systems
Also known as Employment Regulations Regarding Automated-Decision Systems.
In force since .
An AI sector rules rule binding public and private bodies.
- Obligation class
- Governance, Prohibition
- Setting the rule reaches
- General
As of .
What it requires
- Do not use an automated-decision system or selection criteria, including a qualification standard, employment test, or proxy, that discriminates against an applicant or employee or a class of applicants or employees on a basis protected by the Fair Employment and Housing Act (Section 11009(f))
- Preserve employment records, including selection criteria and automated-decision system data, for four years from the date of the making of the record or the date of the personnel action involved, whichever occurs later (Section 11013(c))
- Treat a test, question, puzzle, game, or other challenge administered through an automated-decision system that is likely to elicit information about a disability as a medical or psychological examination or disability-related inquiry (Section 11071(e))
These lines are LexLint's reading of the law's text, as of .
What it makes you log
Log retention
The period runs from the date of the making of the record or the date of the personnel action involved, whichever occurs later.
- Unit
- Years
- As of
- Basis
- Fixed
- Minimum value
- 4
Logging duty
Section 11013(c) requires an employer or other covered entity to preserve personnel and other employment records, expressly including selection criteria and automated-decision system data. It names no field of a log and does not say what an automated-decision system record must contain.
- Kind
- Explicit
- As of
- Provision
- Cal. Code Regs. tit. 2, section 11013(c)
- Trigger
- automated_decisions
What this law does
The Civil Rights Council's employment regulations on automated-decision systems were approved by the Office of Administrative Law on , and the effective date of the regulations is per the Council's rulemaking page.
They amend the Council's Fair Employment and Housing Act regulations in Title 2 of the California Code of Regulations and add Section 11008.1, which defines an automated-decision system as a computational process that makes a decision or facilitates human decision making regarding an employment benefit.
It is unlawful for an employer or other covered entity to use an automated-decision system or selection criteria, including a qualification standard, employment test, or proxy, that discriminates against an applicant or employee or a class of applicants or employees on a basis protected by the Act, subject to any available defense. An employer includes the State of California and any political or civil subdivision of it, counties, cities, local agencies and special districts.
Evidence, or the lack of evidence, of anti-bias testing or similar proactive efforts to avoid unlawful discrimination is relevant to any such claim or available defense. An employer or other covered entity must preserve employment records, including automated-decision system data, for four years.
A medical or psychological examination or a disability-related inquiry includes one administered through an automated-decision system, which may include a test, question, puzzle, game, or other challenge that is likely to elicit information about a disability.
When LexLint raises it
When your app profile says your app makes employment decisions.