Labor & Employment Law Daily Wrap Up, STATE REGULATIONS—New California regulations and guidance protect workers from discrimination and allow time off following violence, (Jul 9, 2025)

By Patricia K. Ruiz, J.D.

The regulations protect against discrimination resulting from the use of automated-decision systems regarding job applicants and employees.

New regulations from the California Civil Rights Department (CRD) seek to protect workers from potential employment discrimination as a result of the use of AI, algorithms, and other automated-decision systems. The CRD also released a new guidance and model notice to help workers and employers understand protections for workers who need to take time off of work because they have been impacted by violence.

Automated-decision systems. CRD approved regulations that protect against potential employment discrimination as a result of the use of artificial intelligence (AI), algorithms, and other automated-decision systems. Automated-decision systems, which may rely on algorithms or AI, are increasingly used in employment settings to facilitate a wide range of decisions regarding job applicants and employees. Despite the utility of such tools, they can also exacerbate existing biases and contribute to discriminatory outcomes, the CRD explained.

The new regulations clarify the applicability of existing antidiscrimination laws in the workplace in the context of new and emerging technologies. The regulations specify that the use of an automated-decision system may violate California law if such use harms applicants or employees based on protected characteristics, such as gender race, or disability. The regulations also ensure employers and covered entities maintain employment records, including automated-decision data, for a minimum of four years. Additionally, the regulations affirm that automated-decision system assessments (such as tests, questions, or puzzle games that elicit information about a disability) may constitute unlawful medical inquiry. Finally, the regulations add definitions for key terms used in the regulations, including “automated-decision system,” “agent,” and “proxy.”

Victims of violence. The CRD released new guidance and a model notice for businesses to provide to employees regarding the ability of workers impacted by violence to take time off work. The guidance and model notice seek to ensure that workers and employers understand leave protections under California law following the passage of AB 2499. Signed into law in 2024, AB 2499 expanded leave protections for Californians impacted by violence and transferred enforcement of such rights to CRD. The law provides clarity on the types of covered incidents and ensures workers have access to time off to help family members or other designated persons who are impacted by violence. Protected leave under AB 2499 can be used for a range of activities, including taking part in safety planning, caring for a family member recovering from injuries, seeking mental health services, getting help relocating, enrolling children in a new school, or participating or assisting family members with certain legal proceedings. The law’s protections only apply to employers with 25 or more workers; however, other protections apply to all employers in California.

AB2499 provides protections such as: (1) up to 12 weeks of work for victims of violence or those who lost a loved one to violence; (2) up to 10 days off work, or five days for relocations purposes, to help a family member impacted by violence; (3) the right to ask for reasonable accommodation to make sure you are safe at work; (4) protections against retaliation for being the victim of violence or a family member of someone who was the victim of violence; and (5) the right to take time off work for jury service or to appear in court as a witness to comply with a subpoena or court order.

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