Yes, but significant legal obligations now apply. As of October 1, 2025, California’s Civil Rights Council amended the Fair Employment and Housing Act (FEHA) regulations to specifically address employer use of artificial intelligence and automated decision systems in the workplace.
The regulations apply to “automated decision systems” (ADS), defined as a “computational process that makes a decision or facilitates human decision making regarding an employment benefit.” Potential employment uses include resume screening, targeting job advertisements to specific groups, analyzing facial expressions or voice in interviews, and using computer-based assessments to evaluate applicants.
Importantly, the rules apply even if the tool does not make the final decision but merely influences it.
