Civil Rights Council approves second modified text for automated decision‑making rules, opens 15‑day comment period

The Civil Rights Council voted unanimously to publish a second modified text of proposed changes to employment regulations governing automated decision systems for a 15‑day public comment period.

Council members and staff said the revisions respond to extensive public comment and clarify definitions and record‑keeping requirements while striking certain previously proposed language. Council members approved the notice on a roll‑call vote after staff advised the shorter comment window was required to meet the one‑year administrative rulemaking timeline.

The proposed second modified text, provided as attachment B to the meeting materials, strikes a proposed definition of “adverse impact,” revises definitions for “agent,” “proxy,” “automated decision system,” and “automated decision system data,” and makes targeted changes to several FEHA regulation sections, including 11,013 (record keeping), 11,016 (pre‑employment ADS use), 11,020 (aiding and abetting liability), 11,071 (medical or psychological examinations), and 11,072 (qualification standards, tests and other selection criteria). The draft also removes previously proposed language in 11,017.1 about employer disclosure to applicants when a…