The Civil Rights Department’s Upcoming Regulation Updates on Automated Decision Making
The California Civil Rights Council has been working on proposed regulation revisions to include automated decision-making in the requirements under the Fair Employment and Housing Act. The Council met on October 17, 2024, for public comment on the most recent version of the regulations and voted to extend the comment period to 30 days, though typically the period is only 15 days. Here are some of the highlights of the proposed regulations: Definitions An automated decision system (ADS) is defined as a “computational process that screens, evaluates, categorizes, recommends, or otherwise makes a decision or facilitates human decision-making that impacts applicants or employees.” the definition excludes word processing software, spreadsheet software, and map navigation systems. Adverse impact (or disparate impact) includes the use of a facially neutral practice that may create a substantial disparity in the rate of selection in hiring, promotion, or other employme...