New AI Regulations for California Employers

Author, Jadyn Brandt, Client Communications Coordinator, Rancho Mesa Insurance Services, Inc.

On October 1, 2025 California employers with five or more employees will be required to follow new Artificial Intelligence (AI) regulations.

The amended regulations address the use of automated-decision systems (ADSs) in employee or prospective-hire evaluations, applying existing antidiscrimination laws to new AI technologies.

 Automated-Decision Systems

Employers will be required to comply with the state’s existing antidiscrimination laws when using an ADS. For work-related purposes, an ADS is defined as any computational process that makes or supports employment decision-making, including hiring, promotion, or termination. An ADS may use artificial intelligence, algorithms, or other types of data processing to: 

• Screen, evaluate, or make predictive assessments about applicants or employees, including their skills, abilities, personality or cultural fit.

• Share job advertisements or recruiting materials to certain groups.

• Screen resumes for key terms.

• Analyze observable traits from online interviews, including facial expressions, word choice, or tone of voice.

• Analyze third party data.

Accommodations

Improper use of ADS can lead to discrimination based on disability or religious creed. Individuals with disabilities could be placed at an unfair disadvantage if an ADS evaluates physical abilities or cognitive traits. An applicant’s or employee’s religious beliefs or practice could also conflict with the screening process used by an ADS. Employers should consider whether reasonable accommodations are required in either case before making a decision based on an ADS.

Recordkeeping

Data collected from an automated-decision system must be retained by employers for four years from the date the record was created or the date of the action taken as a result of the ADS, whichever is later.

To ensure your business is compliant with the new regulations, there are a few steps you can take.

1. Retain ADS data for at least four years.

2. Ensure HR and managers are aware of what accommodations for a disability or religious beliefs might be required, when using an ADS in employment decisions.

Resources for staying up-to-date with state and federal laws can be accessed through Rancho Mesa’s RM365 HRAdvantage™ portal. Rancho Mesa’s HR experts are also available for clients to answer specific questions about the new regulations and how they could impact your business through the HR portal.