Civil Rights Council votes to transmit automated decision-system employment regulations to OAL

The Civil Rights Council voted to authorize the California Civil Rights Department to transmit final, unmodified text of proposed modifications to employment regulations addressing automated decision systems to the Office of Administrative Law and to allow staff to make any non-substantive changes required by OAL.

The motion, introduced by the algorithms and bias subcommittee (Council members Hong and Glater), passed by roll call after public comment. Staff said the subcommittee had proposed no further changes and recommended formal filing to begin the next administrative review phase.

The decision moves regulatory text intended to clarify how existing anti-discrimination law applies when employers use automated decision-making tools into the Office of Administrative Law (OAL) process, where it may be subject to technical edits and a separate review. The subcommittee asked for authority for department staff to make non-substantive edits if OAL requests them.

Stakeholders who spoke during the public-comment period generally welcomed the progress but urged continued attention. Ashley Hoffman of the California Chamber of Commerce said, "I wanted to thank the council, for a lot of our feedback that was incorporated into these drafts," while noting outstanding concerns and recommending the council track state legislative developments that could affect regulatory definitions.

Professor Elle Rose, who teaches computer science, urged additional attention to age-discrimination language and warned the council and investigators need stronger technical training: "Less than 2 of you really would actually pass the basic digital literacy test," she said, urging ongoing education for council members and staff. Ken Wang of the California Employment Lawyers Association praised the council's work and urged ongoing monitoring and updates as the technology evolves. Dr. Mia McNulty of the Carson Torrance NAACP commended the inclusion of digital and artificial intelligence considerations in the amendment.

By approving transmission to OAL, the council advanced the rulemaking timeline; the next administrative steps include OAL review and any required technical edits, after which the regulatory process will proceed according to state administrative procedures. The council did not change the substantive text during today's vote.

The council's role in this action was rulemaking and regulatory oversight; the vote authorizes formal filing with OAL but does not itself create enforcement procedures.