By: @Aaron Avery
The California Civil Rights Council (CRC) is now accepting public comments on modifications to proposed employment regulations related to the use of automated-decision systems in the context of employment. These changes were introduced following an initial 45-day public comment period, which ended on July 18, 2024.
Special districts that wish to submit comments on the proposed changes should do so in written form so they are received by the Civil Rights Council by November 18, 2024, no later than 5:00 p.m.
CRC’s overall regulatory action seeks to clarify, make specific, and supplement existing regulations interpreting the employment provisions of the Fair Employment and Housing Act (FEHA). Among other things, FEHA prohibits harassment and discrimination in employment based on protected characteristics.
CRC’s stated objective for its proposed action to make changes to existing FEHA regulations is: “to provide clarity regarding FEHA obligations and requirements as they relate to the use of automated‐decision systems or other selection criteria in the employment context.”
Although the proposed changes should be reviewed in detail, generally they provide for extension of FEHA’s protections from unlawful employment conduct to the use of automated-decision systems in employment and pre-employment activities. The proposed regulatory changes also modify other existing regulations with more general application, including with respect to definitions, time periods, and records retention.
Per CRC, comments should be limited to the proposed modifications to the initial proposed regulatory changes subject to the original 45-day comment period.
The most recent modifications can be viewed here. Yellow text is new text since the original 45-day comment period, blue text reflects deletions since the original 45-day comment period. All other underlined text remains unchanged from the original 45-day comment period.
The Civil Rights Council will review and respond to all comments that directly address the proposed changes, and these responses will be included in the official rulemaking file.
You can submit comments in two different ways. To submit via email, send comments to Council@civilrights.ca.gov. If you wish to submit your comments through postal service submit them to:
Civil Rights Department
c/o Rachel Langston, Assistant Chief Counsel
555 12th Street – Suite 2050
Oakland, CA 94607
Telephone: (916) 478-7251
To review additional rulemaking documents, please visit Civil Rights Department website. Additionally, you can find a complete list of past meetings, agendas, and recordings under the “Meetings and Agendas” section on the website.
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