California Modifies Employment Discrimination Regulations to Include Automated-Decision Systems

California’s Fair Employment and Housing Act (FEHA) protects applicants and employees from discrimination in employment matters based on numerous protected characteristics such as race, sex, age, religious beliefs and disabilities, amongst others. While the FEHA is the foundation for these protections, the California Civil Rights Council (CRC) can issue regulations further defining what may be unlawful discrimination under the FEHA.

And during its March 21, 2025, meeting, the CRC approved new regulations to address the use of “automated-decision systems” (ADS) in employment practices. While these new regulations do not expand upon any protected characteristic under the FEHA, they do now expressly