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title: "United States – California — High-Risk Systems | Global AI Monitor"
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description: "United States – California — High-Risk Systems: 03 High-Risk Systems Active Under review &amp;#9662; # AB 1018 - Automated decision systems (no enactment evidenced) (Draft, no legal force): Automated decision systems accountability bill: pass"
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# United States – California — High-Risk Systems | Global AI Monitor

### 03High-Risk SystemsActive Derived: Probable&#9662;#

AB 1018 - Automated decision systems (no enactment evidenced) (Draft, no legal force): Automated decision systems accountability bill: passed the Assembly in 2025, was ordered to the Senate inactive file on 2025-09-13, returned from the inactive file on 2026-08-21, and its last recorded action is 2026-08-30 (read second time, ordered to third reading).

6 instruments · 13 obligations · 29 claims · Next: 1 Jan 2027 (ADMT compliance date for businesses already using ADMT for significant decisions)

6 instruments (6 current) · 13 obligations · 29 claims · 5 milestones

Instruments

- AB 1018 - Automated decision systems (no enactment evidenced) Draft, no legal forceAutomated decision systems accountability bill: passed the Assembly in 2025, was ordered to the Senate inactive file on 2025-09-13, returned from the inactive file on 2026-08-21, and its last recorded action is 2026-08-30 (read second time, ordered to third reading). No passage, signature or veto is recorded.Authority: California State Legislature · Verified 8 Oct 2026 · [Official text](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018)
- AB 1405 - AI Auditor Registry Adopted 2026-09-09; valid from 2027-01-01Requires the Government Operations Agency to establish an AI Auditor Registry by January 1, 2029 and bars unregistered persons from offering or conducting covered AI audits from that date.Binding · Authority: California Government Operations Agency (GovOps) · Verified 8 Oct 2026
- CCPA regulations: automated decisionmaking technology (ADMT) and risk assessments In force since 2026-01-01CalPrivacy regulations effective January 1, 2026 requiring risk assessments for high-risk processing and giving consumers pre-use notice, opt-out and access rights for ADMT used in significant decisions, with ADMT compliance due by January 1, 2027.Binding · Authority: California Privacy Protection Agency (CalPrivacy), California Department of Justice - Office of the Attorney General · Verified 8 Oct 2026 · [Official text](https://cppa.ca.gov/regulations/ccpa_updates.html)
- Civil Rights Council employment regulations on automated-decision systems In force since 2025-10-01Council regulations, effective October 1, 2025, clarifying how existing California antidiscrimination law applies to AI, algorithms and automated-decision systems in employment decisions.Binding · Authority: California Civil Rights Council, California Civil Rights Department · Verified 8 Oct 2026 · [Official text](https://calcivilrights.ca.gov/civilrightscouncil/rulemaking-actions/)
- SB 1119 (Adam&#x27;s Law) - Companion chatbots: children&#x27;s safety Adopted 2026-09-10; valid from 2027-01-01Adds Business and Professions Code Chapter 21810 et seq.: companion chatbot operators must assess and mitigate child safety risks from July 1, 2027, obtain independent child safety audits by January 1, 2029, with public prosecutor penalties and a private right of action for harmed children.Binding · Authority: California Department of Justice - Office of the Attorney General, Public prosecutors (district attorneys, city attorneys, county counsel) · Verified 8 Oct 2026
- SB 813 - Independent verification organizations Adopted 2026-09-09; valid from 2027-01-01Directs the Government Operations Agency to designate and regulate independent verification organizations (IVOs) that assess AI risk, with application requirements, criteria and suspension procedures due by January 1, 2028.Binding · Authority: California Government Operations Agency (GovOps) · Verified 8 Oct 2026

Obligations

- Bus. & Prof. Code § 21812(a)Before making a new or substantially modified companion chatbot available, operators must perform and document a child-safety risk assessment and take measures to mitigate identified child safety risks.risk management · Applies to: provider · SB 1119 (Adam&#x27;s Law) - Companion chatbots: children&#x27;s safety
- Bus. & Prof. Code § 21814(a)Operators must ensure an independent child safety audit by January 1, 2029 (or before first public availability if later) and every two years after, and before substantial modifications that increase child safety risk.conformity assessment · Applies to: provider · SB 1119 (Adam&#x27;s Law) - Companion chatbots: children&#x27;s safety
- Gov. Code § 8898.1On or before January 1, 2028, the Government Operations Agency must develop IVO application requirements, procedures to suspend or terminate designations, and criteria for designating AI auditors as IVOs.authorisation · Applies to: other · SB 813 - Independent verification organizations
- Gov. Code § 11549.82.5From January 1, 2029, no person may offer, sell or conduct a covered AI audit unless registered with the Government Operations Agency.registration · Applies to: other · AB 1405 - AI Auditor Registry
- Gov. Code § 11549.82(a)No later than January 1, 2029 the Government Operations Agency must establish an AI Auditor Registry allowing auditors to register and natural persons to report misconduct.registration · Applies to: other · AB 1405 - AI Auditor Registry
- 11 CCR §§ 7200, 7220Businesses using ADMT for significant decisions must provide a Pre-use Notice explaining the ADMT use and consumers&#x27; rights, and comply with Article 11 by January 1, 2027.transparency disclosure · Applies to: deployer · CCPA regulations: automated decisionmaking technology (ADMT) and risk assessments
- 11 CCR § 7221Businesses must give consumers the ability to opt out of ADMT use for significant decisions, unless a human appeal route with authority to overturn the decision is provided.human oversight · Applies to: deployer · CCPA regulations: automated decisionmaking technology (ADMT) and risk assessments
- 11 CCR § 7222Businesses must provide plain-language information on the purpose and logic of ADMT use when responding to access requests.transparency disclosure · Applies to: deployer · CCPA regulations: automated decisionmaking technology (ADMT) and risk assessments
- 11 CCR § 7150(a)Businesses whose processing presents significant risk to consumer privacy must conduct a risk assessment before initiating that processing.risk management · Applies to: deployer · CCPA regulations: automated decisionmaking technology (ADMT) and risk assessments
- Employment Regulations Regarding Automated-Decision Systems (Civil Rights Council), operative text not openedEmployers and covered entities remain subject to existing antidiscrimination law when using AI, algorithms or automated-decision systems in employment decisions, as clarified by the regulations.other · Applies to: deployer · Civil Rights Council employment regulations on automated-decision systems
- 2 CCR § 11009(f)Employers and other covered entities may not use an automated-decision system or selection criteria that discriminates against applicants or employees on a basis protected by FEHA, subject to available defenses; evidence of anti-bias testing is relevant to any claim or defense.prohibition · Applies to: deployer · Civil Rights Council employment regulations on automated-decision systems
- 2 CCR § 11008(b)A person acting on behalf of an employer to exercise employer functions, including through an automated decision system (for example screening or hiring), is an agent and is also an employer for FEHA purposes.other · Applies to: provider · Civil Rights Council employment regulations on automated-decision systems
- 2 CCR § 11013(c)Employers and covered entities must preserve personnel and employment records, expressly including selection criteria and automated-decision system data, for the period stated in the section.record keeping · Applies to: deployer · Civil Rights Council employment regulations on automated-decision systems

Milestones

- 1 Jan 2027ADMT compliance date for businesses already using ADMT for significant decisions UpcomingCCPA regulations: automated decisionmaking technology (ADMT) and risk assessments
- 1 Jul 2027Companion chatbot child-safety risk assessment duties operative UpcomingSB 1119 (Adam&#x27;s Law) - Companion chatbots: children&#x27;s safety
- 1 Jan 2028Government Operations Agency IVO framework due (statutory) UpcomingSB 813 - Independent verification organizations
- 1 Jan 2029First independent child safety audit due UpcomingSB 1119 (Adam&#x27;s Law) - Companion chatbots: children&#x27;s safety
- 1 Jan 2029AI Auditor Registry due and registration requirement begins UpcomingAB 1405 - AI Auditor Registry

Claims and evidence (29)
- SB 1119 was approved as Chapter 190, Statutes of 2026 on September 10, 2026.Confidence: Probable · As of 10 Sep 2026 · evidencedEvidence and sources[SB 1119 (Padilla), Chapter 190, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB1119) T1 · retrieved · retrieved 8 Oct 2026 · Chapter 190 headerApproved by Governor September 10, 2026. Filed with Secretary of State September 10, 2026.
- [WilmerHale - California finalizes next wave of state AI and privacy regulation (2026-10-05)](https://www.wilmerhale.com/en/insights/blogs/wilmerhale-privacy-and-cybersecurity-law/20261002-california-finalizes-next-wave-of-state-ai-and-privacy-regulation) T3 · retrieved · retrieved 8 Oct 2026 · Opening sectionSB 1119 establishes additional protections for minors interacting with companion chatbots, including requirements for independent child safety audits for chatbot operators.

- Derived: Probable SB 1119 imposes duties with AG and public prosecutor civil penalties.Confidence: Probable · As of 1 Jan 2027 · evidencedEvidence and sources[SB 1119 (Padilla), Chapter 190, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB1119) T1 · retrieved · retrieved 8 Oct 2026 · Bus. & Prof. Code § 21812(a)(1)Before making a new or substantially modified companion chatbot available to users in the state, an operator shall do all of the following: (1) Perform and document a comprehensive risk assessment related to the design, configuration, and operation of the companion chatbot with respect to child users
- [SB 1119 (Padilla), Chapter 190, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB1119) T1 · retrieved · retrieved 8 Oct 2026 · Bus. & Prof. Code § 21816(a)(1)(A)-(B)A civil penalty of not more than five thousand dollars ($5,000) per affected child for each negligent violation. (B) A civil penalty of not more than fifteen thousand dollars ($15,000) per affected child for each intentional violation.

- SB 1119 amends SB 243 section 22602.Confidence: Probable · As of 10 Sep 2026 · evidencedEvidence and sources[SB 1119 (Padilla), Chapter 190, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB1119) T1 · retrieved · retrieved 8 Oct 2026 · Chapter 190 titleAn act to amend Section 22602 of, and to add Chapter 11.6 (commencing with Section 21810) to Division 8 of, the Business and Professions Code, relating to artificial intelligence.

- Section 21812 risk assessment duties become operative July 1, 2027.Confidence: Probable · As of 1 Jul 2027 · evidencedEvidence and sources[SB 1119 (Padilla), Chapter 190, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB1119) T1 · retrieved · retrieved 8 Oct 2026 · Bus. & Prof. Code § 21812(e)This section shall become operative on July 1, 2027.

- First independent child safety audit due on or before January 1, 2029.Confidence: Probable · As of 1 Jan 2029 · evidencedEvidence and sources[SB 1119 (Padilla), Chapter 190, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB1119) T1 · retrieved · retrieved 8 Oct 2026 · Bus. & Prof. Code § 21814(a)(1)(A)(i)On or before January 1, 2029, or before an operator first makes a companion chatbot publicly available, whichever is later, an operator shall ensure the performance of a child safety audit.

- SB 813 was approved as Chapter 179, Statutes of 2026 on September 9, 2026.Confidence: Confirmed · As of 9 Sep 2026 · evidencedEvidence and sources[SB 813 (McNerney), Chapter 179, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB813) T1 · retrieved · retrieved 8 Oct 2026 · Chaptered bill headerApproved by Governor September 09, 2026. Filed with Secretary of State September 09, 2026.
- [Governor Newsom signs first-in-the-nation AI safeguards (SB 813, AB 1405) (2026-09-09)](https://www.gov.ca.gov/2026/09/09/governor-newsom-signs-first-in-the-nation-ai-safeguards-to-protect-californians-calls-on-the-federal-government-to-do-its-part/) T1 · retrieved · retrieved 8 Oct 2026 · Senator McNerney quotationGov. Newsom&#x27;s signing of SB 813 sends a clear message that California is taking the lead on assessing AI&#x27;s safety risks

- Derived: Probable SB 813 imposes mandatory deadlines on the Government Operations Agency.Confidence: Probable · As of 1 Jan 2027 · evidencedEvidence and sources[SB 813 (McNerney), Chapter 179, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB813) T1 · retrieved · retrieved 8 Oct 2026 · Gov. Code § 8898.1On or before January 1, 2028, the agency shall do all of the following:

- The Government Operations Agency must, on or before January 1, 2028, develop IVO application requirements, suspension procedures and designation criteria.Confidence: Probable · As of 1 Jan 2028 · evidencedEvidence and sources[SB 813 (McNerney), Chapter 179, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB813) T1 · retrieved · retrieved 8 Oct 2026 · Gov. Code § 8898.1On or before January 1, 2028, the agency shall do all of the following:

- AB 1405 was approved as Chapter 178, Statutes of 2026 on September 9, 2026.Confidence: Probable · As of 9 Sep 2026 · evidencedEvidence and sources[AB 1405, Chapter 178, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1405) T1 · retrieved · retrieved 8 Oct 2026 · Chaptered bill headerApproved by Governor September 09, 2026. Filed with Secretary of State September 09, 2026.

- AB 1405 prohibits unregistered covered AI audits from 2029-01-01.Confidence: Probable · As of 1 Jan 2029 · evidencedEvidence and sources[AB 1405, Chapter 178, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1405) T1 · retrieved · retrieved 8 Oct 2026 · Gov. Code § 11549.82.5Beginning January 1, 2029, a person shall not offer, sell, or conduct a covered AI audit unless the person is registered with the agency pursuant to this chapter.

- The AI auditor registration requirement applies from January 1, 2029.Confidence: Probable · As of 1 Jan 2029 · evidencedEvidence and sources[AB 1405, Chapter 178, Statutes of 2026 - chaptered text](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1405) T1 · retrieved · retrieved 8 Oct 2026 · Gov. Code § 11549.82.5Beginning January 1, 2029, a person shall not offer, sell, or conduct a covered AI audit unless the person is registered with the agency pursuant to this chapter.

- The CPPA Board adopted ADMT, risk-assessment and cybersecurity-audit regulations on 24 July 2025, effective 1 January 2026.Confidence: Probable · As of 1 Jan 2026 · evidencedEvidence and sources[CalPrivacy - CCPA updates, cybersecurity audits, risk assessments, ADMT and insurance regulations](https://cppa.ca.gov/regulations/ccpa_updates.html) T1 · retrieved · retrieved 8 Oct 2026 · Page introductionOn July 24, 2025, the California Privacy Protection Agency (Agency) Board adopted regulations that (1) updated existing CCPA regulations; (2) implemented requirements for certain businesses to conduct risk assessments and complete annual cybersecurity audits; (3) implemented consumers&#x27; rights to access and opt–out of businesses&#x27; use of ADMT; and (4) clarified when insurance companies must comply with the CCPA.
- [CalPrivacy - CCPA updates, cybersecurity audits, risk assessments, ADMT and insurance regulations](https://cppa.ca.gov/regulations/ccpa_updates.html) T1 · retrieved · retrieved 8 Oct 2026 · Status blockEffective Date: January 1, 2026 Status of the Proposal: The rulemaking is complete.

- The ADMT regulations are binding rules under the CCPA.Confidence: Probable · As of 1 Jan 2026 · evidencedEvidence and sources[CCPA statute and regulations (effective January 1, 2026), incl. Articles 10-11 (risk assessments, ADMT)](https://cppa.ca.gov/regulations/pdf/ccpa_statute_eff_20260101.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 11 CCR § 7200(a)A business that uses ADMT to make a significant decision concerning a consumer must comply with the requirements of this Article.
- [About CalPrivacy (CPPA)](https://cppa.ca.gov/about_us/) T1 · retrieved · retrieved 8 Oct 2026 · About CalPrivacy, opening paragraphThe California Privacy Rights Act established a new agency, the California Privacy Protection Agency (CPPA) to implement and enforce the law.

- Derived: Probable The CCPA ADMT, risk-assessment and cybersecurity-audit regulations took effect 1 January 2026.Confidence: Probable · As of 1 Jan 2026 · evidencedEvidence and sources[CalPrivacy - CCPA updates, cybersecurity audits, risk assessments, ADMT and insurance regulations](https://cppa.ca.gov/regulations/ccpa_updates.html) T1 · retrieved · retrieved 8 Oct 2026 · Status blockEffective Date: January 1, 2026 Status of the Proposal: The rulemaking is complete.

- Derived: Probable Businesses already using ADMT for significant decisions must be in full Article 11 compliance by 1 January 2027.Confidence: Probable · As of 1 Jan 2027 · evidencedEvidence and sources[CCPA statute and regulations (effective January 1, 2026), incl. Articles 10-11 (risk assessments, ADMT)](https://cppa.ca.gov/regulations/pdf/ccpa_statute_eff_20260101.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 11 CCR § 7200(b)A business that uses ADMT for a significant decision prior to January 1, 2027, must be in compliance with the requirements of this Article no later than January 1, 2027.

- ADMT used for a significant decision requires a pre-use notice, an opt-out or human-appeal route, and transparency on access request.Confidence: Probable · As of 1 Jan 2027 · evidencedEvidence and sources[CCPA statute and regulations (effective January 1, 2026), incl. Articles 10-11 (risk assessments, ADMT)](https://cppa.ca.gov/regulations/pdf/ccpa_statute_eff_20260101.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 11 CCR § 7001 (definition of significant decision)means a decision that results in the provision or denial of financial or lending services, housing, education enrollment or opportunities, employment or independent contracting opportunities or compensation, or healthcare services.
- [CCPA statute and regulations (effective January 1, 2026), incl. Articles 10-11 (risk assessments, ADMT)](https://cppa.ca.gov/regulations/pdf/ccpa_statute_eff_20260101.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 11 CCR § 7220(a)A business that uses ADMT as set forth in section 7200, subsection (a), must provide consumers with a Pre-use Notice.
- [CCPA statute and regulations (effective January 1, 2026), incl. Articles 10-11 (risk assessments, ADMT)](https://cppa.ca.gov/regulations/pdf/ccpa_statute_eff_20260101.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 11 CCR § 7221(a)A business must provide consumers with the ability to opt-out of the use of ADMT to make a significant decision concerning the consumer, except as set forth in subsection (b).
- [CCPA statute and regulations (effective January 1, 2026), incl. Articles 10-11 (risk assessments, ADMT)](https://cppa.ca.gov/regulations/pdf/ccpa_statute_eff_20260101.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 11 CCR § 7222(a)A business that uses ADMT to make a significant decision must provide a consumer with information about this use when responding to a consumer’s request to access ADMT.

- The ADMT regulations cover automated decisionmaking technology used for significant decisions.Confidence: Probable · As of 1 Jan 2026 · evidencedEvidence and sources[CCPA statute and regulations (effective January 1, 2026), incl. Articles 10-11 (risk assessments, ADMT)](https://cppa.ca.gov/regulations/pdf/ccpa_statute_eff_20260101.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 11 CCR § 7200(a)A business that uses ADMT to make a significant decision concerning a consumer must comply with the requirements of this Article.
- [CCPA statute and regulations (effective January 1, 2026), incl. Articles 10-11 (risk assessments, ADMT)](https://cppa.ca.gov/regulations/pdf/ccpa_statute_eff_20260101.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 11 CCR § 7001 (definition of significant decision)means a decision that results in the provision or denial of financial or lending services, housing, education enrollment or opportunities, employment or independent contracting opportunities or compensation, or healthcare services.

- The California Privacy Protection Agency enforces the ADMT regulations.Confidence: Probable · As of 1 Jan 2026 · evidencedEvidence and sources[About CalPrivacy (CPPA)](https://cppa.ca.gov/about_us/) T1 · retrieved · retrieved 8 Oct 2026 · About CalPrivacy, opening paragraphThe California Privacy Rights Act established a new agency, the California Privacy Protection Agency (CPPA) to implement and enforce the law.

- Derived: Probable CalPrivacy may impose an administrative fine of up to $2,500 per violation, or $7,500 per intentional violation, for CCPA violations the ADMT regulations implement.Confidence: Probable · As of 1 Jan 2026 · evidencedEvidence and sources[California Consumer Privacy Act of 2018 as amended (CalPrivacy statutory text)](https://cppa.ca.gov/regulations/pdf/cppa_act.pdf) T1 · retrieved · retrieved 8 Oct 2026 · Civ. Code § 1798.155(a)Any business, service provider, contractor, or other person that violates this title shall be liable for an administrative fine of not more than two thousand five hundred dollars
- [California Consumer Privacy Act of 2018 as amended (CalPrivacy statutory text)](https://cppa.ca.gov/regulations/pdf/cppa_act.pdf) T1 · retrieved · retrieved 8 Oct 2026 · Civ. Code § 1798.155(a)($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation

- Derived: Probable The Attorney General may recover civil penalties of up to $2,500 per violation, or $7,500 per intentional violation, under the CCPA title.Confidence: Probable · As of 1 Jan 2026 · evidencedEvidence and sources[Cal. Civil Code section 1798.199.90 - Attorney General civil penalties under the CCPA](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.199.90.) T1 · retrieved · retrieved 8 Oct 2026 · Civ. Code § 1798.199.90(a)shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation
- [Cal. Civil Code section 1798.199.90 - Attorney General civil penalties under the CCPA](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.199.90.) T1 · retrieved · retrieved 8 Oct 2026 · Civ. Code § 1798.199.90(a)which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General.

- The Civil Rights Council&#x27;s automated-decision-system employment regulations were filed 27 June 2025 and took effect 1 October 2025.Confidence: Probable · As of 1 Oct 2025 · evidencedEvidence and sources[Civil Rights Council - rulemaking actions (ADS employment regulations)](https://calcivilrights.ca.gov/civilrightscouncil/rulemaking-actions/) T1 · retrieved · retrieved 8 Oct 2026 · Civil Rights Council&#x27;s Modifications to Employment Regulations Regarding Automated-Decision SystemsThe Council&#x27;s Employment Regulations Regarding Automated Decision Systems have been approved by the Office of Administrative Law and were filed with the Secretary of State on June 27, 2025. The effective date of the regulations is October 1, 2025.
- [Civil Rights Council secures approval for regulations on employment discrimination related to AI (2025-06-30)](https://calcivilrights.ca.gov/2025/06/30/civil-rights-council-secures-approval-for-regulations-to-protect-against-employment-discrimination-related-to-artificial-intelligence/) T1 · retrieved · retrieved 8 Oct 2026 · Press release, opening paragraphsThe newly approved regulations provide increased clarity on how existing antidiscrimination laws apply to the use of artificial intelligence in employment decisions.

- The FEHA automated-decision-system employment regulations are binding, having been approved by the Office of Administrative Law.Confidence: Probable · As of 1 Oct 2025 · evidencedEvidence and sources[Civil Rights Council - rulemaking actions (ADS employment regulations)](https://calcivilrights.ca.gov/civilrightscouncil/rulemaking-actions/) T1 · retrieved · retrieved 8 Oct 2026 · Civil Rights Council&#x27;s Modifications to Employment Regulations Regarding Automated-Decision SystemsThe Council&#x27;s Employment Regulations Regarding Automated Decision Systems have been approved by the Office of Administrative Law and were filed with the Secretary of State on June 27, 2025. The effective date of the regulations is October 1, 2025.

- Derived: Probable The FEHA ADS employment regulations took effect 1 October 2025.Confidence: Probable · As of 1 Oct 2025 · evidencedEvidence and sources[Civil Rights Council - rulemaking actions (ADS employment regulations)](https://calcivilrights.ca.gov/civilrightscouncil/rulemaking-actions/) T1 · retrieved · retrieved 8 Oct 2026 · Civil Rights Council&#x27;s Modifications to Employment Regulations Regarding Automated-Decision SystemsThe Council&#x27;s Employment Regulations Regarding Automated Decision Systems have been approved by the Office of Administrative Law and were filed with the Secretary of State on June 27, 2025. The effective date of the regulations is October 1, 2025.
- [Civil Rights Council secures approval for regulations on employment discrimination related to AI (2025-06-30)](https://calcivilrights.ca.gov/2025/06/30/civil-rights-council-secures-approval-for-regulations-to-protect-against-employment-discrimination-related-to-artificial-intelligence/) T1 · retrieved · retrieved 8 Oct 2026 · Press release, opening paragraphsThe newly approved regulations provide increased clarity on how existing antidiscrimination laws apply to the use of artificial intelligence in employment decisions.

- The FEHA ADS employment regulations are scoped to employment decisions.Confidence: Probable · As of 1 Oct 2025 · evidencedEvidence and sources[Civil Rights Council secures approval for regulations on employment discrimination related to AI (2025-06-30)](https://calcivilrights.ca.gov/2025/06/30/civil-rights-council-secures-approval-for-regulations-to-protect-against-employment-discrimination-related-to-artificial-intelligence/) T1 · retrieved · retrieved 8 Oct 2026 · Press release, opening paragraphsThe newly approved regulations provide increased clarity on how existing antidiscrimination laws apply to the use of artificial intelligence in employment decisions.

- Using an automated-decision system that discriminates on a FEHA-protected basis is unlawful, with anti-bias testing evidence relevant to claims and defences.Confidence: Probable · As of 1 Oct 2025 · evidencedEvidence and sources[Civil Rights Council - Final Unmodified Text of Proposed Employment Regulations Regarding Automated-Decision Systems (version 3/17/2025)](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2025/03/Attachment-B-Final-Unmodified-Text-of-Proposed-Employment-Regulations-Regarding-Automated-Decision-Systems.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 2 CCR § 11009(f)It is unlawful for an employer or other covered entity to use an automated-decision system or selection criteria (including a qualification standard, employment test, or proxy) that discriminates against an applicant or employee or a class of applicants or employees on a basis protected by the Act, subject to any available defense.
- [Civil Rights Council - Final Unmodified Text of Proposed Employment Regulations Regarding Automated-Decision Systems (version 3/17/2025)](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2025/03/Attachment-B-Final-Unmodified-Text-of-Proposed-Employment-Regulations-Regarding-Automated-Decision-Systems.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 2 CCR § 11009(f)Relevant to any such claim or available defense is evidence, or the lack of evidence, of anti-bias testing or similar proactive efforts to avoid unlawful discrimination, including the quality, efficacy, recency, and scope of such effort, the results of such testing or other effort, and the response to the results.

- The regulation defines an automated-decision system as a computational process that makes or facilitates employment-benefit decisions, possibly using AI or machine learning.Confidence: Probable · As of 1 Oct 2025 · evidencedEvidence and sources[Civil Rights Council - Final Unmodified Text of Proposed Employment Regulations Regarding Automated-Decision Systems (version 3/17/2025)](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2025/03/Attachment-B-Final-Unmodified-Text-of-Proposed-Employment-Regulations-Regarding-Automated-Decision-Systems.pdf) T1 · retrieved · retrieved 8 Oct 2026 · 2 CCR § 11008.1(a)“Automated-Decision System.” A computational process that makes a decision or facilitates human decision making regarding an employment benefit, as defined in section 11008(i) of these regulations. An Automated-Decision System may be derived from and/or use artificial intelligence, machine-learning, algorithms, statistics, and/or other data processing techniques.

- AB 1018 was introduced in the California Legislature and did not become law.Confidence: Probable · As of 30 Aug 2026 · evidencedEvidence and sources[AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history, latest action|08/30/26|Read second time. Ordered to third reading.|
- [AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history|09/13/25|Ordered to inactive file at the request of Senator Wiener.|
- [AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history|08/21/26|Read second time and amended. Ordered returned to second reading.| |08/21/26|Ordered to second reading.| |08/21/26|From inactive file.|

- AB 1018 has no legal force.Confidence: Probable · As of 30 Aug 2026 · evidencedEvidence and sources[AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history, latest action|08/30/26|Read second time. Ordered to third reading.|
- [AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history|09/13/25|Ordered to inactive file at the request of Senator Wiener.|
- [AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history|08/21/26|Read second time and amended. Ordered returned to second reading.| |08/21/26|Ordered to second reading.| |08/21/26|From inactive file.|

- The last recorded action on AB 1018 is 2026-08-30 (read second time, ordered to third reading); the history shows no veto.Confidence: Probable · As of 30 Aug 2026 · evidencedEvidence and sources[AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history, latest action|08/30/26|Read second time. Ordered to third reading.|
- [AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history|09/13/25|Ordered to inactive file at the request of Senator Wiener.|
- [AB 1018 bill history](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260AB1018) T1 · retrieved · retrieved 8 Oct 2026 · Bill history|08/21/26|Read second time and amended. Ordered returned to second reading.| |08/21/26|Ordered to second reading.| |08/21/26|From inactive file.|

Open evidence
