California’s Civil Rights Department (CRD) has updated its proposed regulations for employers’ use of artificial intelligence (AI) and automated decision-making systems. The updated proposed rules expressly state that an employer’s failure to test AI tools for bias could be relevant to a discrimination claim.
The new version of the proposed rules also removes language creating liability for AI developers and a definition of “adverse impact” that some people perceived as creating a new form of discrimination.
The proposed rule seeks to limit the discriminatory impact of AI tools and automated-decision systems or selection criteria that increase existing biases and discrimination against applicants or employees.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.