In the wake of New York City’s bias audit mandate for automated employment decision tools (Local Law 144), states like California have introduced legislation to address the potential harms that can result from using artificial intelligence or automated systems in hiring. The legislation targets the use of automated systems or tools in the workplace and employment-related decisions, where bias or discrimination against protected classes is of particular concern. To address bias and discrimination, California has proposed modifications to its employment regulations to extend non-discrimination practices to automated-decision systems. The modifications were first proposed in March 2022 for public workshop and then updated in July 2022 and February 2023. In this blog post, we outline the key things to know about this legislation, focusing on the second and third versions of the text.

Who does California’s proposed legislation on automated-decision systems in hiring affect?