{"id":402702,"date":"2026-08-18T10:57:42","date_gmt":"2026-08-18T15:57:42","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=402702"},"modified":"2026-08-18T11:51:12","modified_gmt":"2026-08-18T16:51:12","slug":"ai-hiring-laws-in-california-what-job-seekers-need-to-know","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/ai-hiring-laws-in-california-what-job-seekers-need-to-know.html","title":{"rendered":"AI Hiring Laws in California: What Job Seekers Need To Know"},"content":{"rendered":"\n
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AI Hiring Laws in California: What Job Seekers Need To Know<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California’s AI hiring<\/span> laws are primarily based on the state’s Fair Employment and Housing Act<\/span> (FEHA<\/span>). This means employers cannot use automated hiring<\/span> tools, like AI resume screeners, to discriminate against job seekers based on protected characteristics<\/span> like race, age, or disability. While this doesn\u2019t guarantee a human will review every application, it holds employers accountable for biased outcomes from their technology.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Many employment-related headlines of recent years have revolved around artificial intelligence<\/span> (AI). It\u2019s been implicated in taking jobs, increasing jobs, improving them, degrading them, and making them both easier and harder to get. The actual truth about AI hiring<\/span> systems and computer-based assessments<\/span> is harder to find.<\/p>\n

Automated decision systems<\/span> (ADS) and the use of algorithms<\/span> in the hiring<\/span> process have been around longer than the current AI debate. Keyword trackers have been in use since before the internet. Since the late 1980s, with Resumix and applicant tracking systems (ATS), employers have used the latest technology to screen applicants efficiently.<\/p>\n

Objections over the use of ADS programs often focus on the lack of human oversight<\/span>. It increasingly seems to job-seekers that human beings are being left out of the process<\/a>, making employment discrimination<\/span> harder to detect. California has clarified that its existing employment-discrimination<\/span> law applies when employers use automated decision systems<\/span> in hiring<\/span> and other workplace decisions.<\/p>\n

In this article, we\u2019ll look at the current landscape of AI hiring<\/span> laws in California. If you believe you\u2019ve already been a victim of illegal AI-based hiring<\/span> discrimination, consider speaking with a local employment law attorney<\/a> to assess your specific situation.<\/p>\n

California’s AI Hiring<\/span> Rules<\/h2>\n

California primarily addresses AI in hiring<\/span> through its powerful Fair Employment and Housing Act<\/span><\/a> (FEHA<\/span>). The California Civil Rights Council<\/span> has confirmed that FEHA<\/span>‘s anti-discrimination protections apply to all automated decision systems<\/span> (ADS) and AI tools.<\/p>\n

This means employers in California:<\/p>\n