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Civil Rights Council holds hearing on proposed FEHA rules for automated hiring systems; commenters urge protections and clarity
Summary
At a July 18 public hearing, the Civil Rights Council heard a mix of support and opposition to proposed FEHA regulations for automated decision systems in employment, with commenters urging broad definitions, disclosure, human oversight, inclusion of caste as a proxy, and narrow treatment or exemptions for consumer reporting agencies.
The Civil Rights Council on July 18, 2024 opened a formal rulemaking hearing on proposed amendments to Fair Employment and Housing Act regulations to govern employers’ use of automated decision systems in hiring and employment. Chair David Garcia said the package — proposed for subchapter 2, chapter 5, division 4.1 of title 2 of the California Code of Regulations — is intended to clarify FEHA obligations where automated systems are used and that written comments will be accepted through 5:00 p.m. the same day.
The hearing drew a broad set of voices. Ken Wang, representing the California Employment Lawyers Association and the Tech Equity Collaborative, said automated decision systems are "now ubiquitous in the workplace" and urged broad, future‑proof definitions that include tools that use third‑party data. Wang recommended anti‑bias testing and cautioned that a…
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