California vs. Biased AI

Effective this past October 1, California regulations prohibiting employers from using artificial intelligence programs that produce results that are biased against any employee’s/applicant’s protected class. 

California is also introducing new, “stringent” regulations on AI that will go into effect January 1, 2026. According to attorneys from the Littler law firm, “The regulations will be “the most stringent requirements in the United States on employers’ use of artificial intelligence and other automated tools in employment decision-making.”

Initially, mid-sized to large for-profit employers will be subject to the law, if they use AI “for employment-related decisions, such as hiring, work assignments, compensation, promotion and termination, without meaningful human involvement.”

Colorado has been trying to implement an equally complex law but has had to postpone launch because of problems arising from its complexity.