Beginning October 1, 2025, California’s Civil Rights Department (CRD) will enforce groundbreaking regulations under the Fair Employment and Housing Act (FEHA) addressing the use of Automated Decision Systems (ADS) and AI in employment.
These rules expand the definition of ADS to include any computational process—such as algorithms, machine learning, or even simple selection criteria—that influences hiring, promotions, training, or evaluation.
Employers must now ensure these systems do not result in discrimination based on protected characteristics such as race, gender, disability, or religion, and must uphold reasonable accommodations.
The regulations introduce mandatory anti-bias testing, robust recordkeeping (storing data and audit findings for four years), and promote human oversight of AI-facilitated decisions.
Developed following extensive public engagement, these rules codify how existing civil rights protections apply in the age of AI and automated hiring.
Jacquiline M. Wagner, Esq. is the proud President of Wagner HR. Jacquiline uniquely understands the needs of business owners and employers when it comes to educating employees. For twenty-five years, Jacquiline has enjoyed the honor of training hundreds of employees and supervisors in an assortment of industries concerning all aspects of Employment Law. Stemming from that experience, she has designed a wide array of engaging Human Resources, Employment Law, DE&I, business acumen, professional development, continuing education and leadership courses and presentations! In addition to spearheading Wagner HR, Jacquiline is a principal Human Resources and continuing education trainer on…