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California ADS employment regulations

In force California · In force Oct 1, 2025 · no upcoming deadlines

Deadlines

DateWhat happens
Oct 1, 202512 months agoADS regulations take effect
Jun 27, 20251 year agoOAL approves regulations

Summaries for reference, not legal advice. Check the official text.

What it does

Clarifies that using an automated-decision system in hiring or other employment decisions can violate the Fair Employment and Housing Act if it discriminates on protected traits. Employers must keep automated-decision data and employment records for at least four years. AI assessments that elicit disability information can be unlawful medical inquiries.

Who it applies to
Employers with 5 or more employees, their agents, employment agencies and others covered by FEHA in California.
Penalties
FEHA remedies: damages, back pay, injunctive relief and attorney fees through CRD complaints or civil suits.
Enforced by
California Civil Rights Department
Official name
Civil Rights Council Regulations on Automated-Decision Systems in Employment (FEHA)
Citation
Cal. Code Regs., tit. 2, section 11008 et seq. (amended)
Topics
ai
Verified 2026-09-25 calcivilrights.ca.gov
Research notes

Distinct from the CPPA's CCPA ADMT regulations tracked under us-ca-ccpa.

Related

Questions about California ADS employment regulations
What are the California ADS employment regulations compliance deadlines?
Jun 27, 2025: OAL approves regulations. Oct 1, 2025: ADS regulations take effect.
When does California ADS employment regulations take effect?
California ADS employment regulations took effect on Oct 1, 2025.
Who does California ADS employment regulations apply to?
Employers with 5 or more employees, their agents, employment agencies and others covered by FEHA in California.
What are the penalties under California ADS employment regulations?
FEHA remedies: damages, back pay, injunctive relief and attorney fees through CRD complaints or civil suits.

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