News & Analysis as of

California Employment Discrimination

Paul Hastings LLP

New California Regulations on Employers' Use of AI to Make Decisions Go Into Effect Oct. 1, 2025

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Earlier this year, the California’s Civil Rights Council (CRC), a branch of the California Civil Rights Department, approved the final text of new regulations to address employers’ lawful use of artificial intelligence (AI)...more

Orrick, Herrington & Sutcliffe LLP

California’s New AI Employment Rules: What Employers Need to Know

California is the latest mover in a world of evolving AI regulation, amending the Fair Employment and Housing Act’s (FEHA) regulatory framework to address the use of artificial intelligence in employment-related decisions....more

Ballard Spahr LLP

Dueling Federal and State Directives on AI Hiring Technology Bring Compliance Challenges for Employers

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The federal government recently unveiled America’s AI Action Plan (the Plan), a sweeping policy roadmap aimed at clearing away regulatory barriers, supercharging U.S. investment in infrastructure and talent surrounding AI,...more

Holland & Hart LLP

California's New AI Employment Rules and the Workday Lawsuit: What HR Needs to Know

Holland & Hart LLP on

Starting October 1, 2025, California’s new regulations on Automated Decision Systems (ADS) will impose strict compliance obligations on employers using AI in hiring, promotions, evaluations, and other employment decisions....more

Coblentz Patch Duffy & Bass

New California Regulations Regarding AI Use in Hiring and Employment

If your company is using AI or other automated decision making systems to make employment or hiring decisions, a new set of regulations in California will be going into effect on October 1, 2025 that will require your...more

Proskauer - California Employment Law

California’s New AI Employment Regulations Are Set To Go Into Effect On October 1, 2025

The California Civil Rights Council, which promulgates regulations that implement California’s civil rights laws, has published a new set of regulations concerning artificial intelligence (“AI”) in the workplace. These new...more

Sheppard Mullin Richter & Hampton LLP

California Approves Rules Regulating AI in Employment Decision-making

Effective October 1, 2025, updated regulations from the California Civil Rights Council will formally restrict the use of artificial intelligence (AI) tools in employment decision-making by California employers. In the...more

Bradley Arant Boult Cummings LLP

Doing Nothing in Response to a Report of Sexual Harassment Could Cost You Millions – the LAPD Recently Learned the Hard Way

If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...more

Littler

California Approves Landmark AI Employment Regulations

Littler on

On June 30, 2025, the California Civil Rights Council (“CRC” or “Council”) secured final approval for revisions to Title 2 of the California Code of Regulations, which governs administration of the California Civil Rights...more

DCI Consulting

Updated California FEHA Rules on AI and Equal Employment Practices

DCI Consulting on

BLOG OVERVIEW: California's amendments to its FEHA are set to go into effect October 1, 2025. Employers will need to be aware of a number of changes that will impact them, including broader regulations on EEO compliance...more

DCI Consulting

[Webinar] AI and Automated Decision Making in Employment: 2025 Regulatory Update - August 13th, 2:00 pm - 2:30 pm EDT

DCI Consulting on

In the past several years, employers have sought to increase efficiency and effectiveness in recruitment and selection efforts by deploying artificial intelligence (AI) tools in their processes. While existing...more

Jackson Lewis P.C.

California Construction Employers May Rely On Legal Exemption To Drug Test for Marijuana

Jackson Lewis P.C. on

California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct...more

Jackson Lewis P.C.

Building an Exemption: California Construction Employers Allowed to Drug Test for Marijuana

Jackson Lewis P.C. on

California prohibits employers from discriminating against employees because of off-duty use of marijuana, with some exemptions. One exemption is for “the building and construction trades.” California’s AB 2188 greatly...more

Proskauer - California Employment Law

Unsuccessful Whistleblower Was Not Entitled To Recover Attorney’s Fees

Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025) - D’Andre Lampkin, a deputy in the Los Angeles County Sheriff’s Department, investigated a man whom he believed was soliciting a prostitute. (In...more

Jackson Lewis P.C.

Refresher on California’s CROWN Act

Jackson Lewis P.C. on

In 2019, California became the first state to pass the CROWN Act—short for Creating a Respectful and Open World for Natural Hair. This legislation prohibits discrimination based on natural hair textures and protective...more

Proskauer - California Employment Law

Employee Who Refused To Return To Work After COVID Was Not Disabled

Allos v. Poway Unified Sch. Dist., 2025 WL 1864797 (Cal. Ct. App. 2025) - Kheloud Allos sued her former employer, the Poway Unified School District, for alleged violations of the FEHA and the Labor Code based on the...more

Littler

News of an Employee’s Arrest or Pending Criminal Charges Poses a Dilemma for California Employers

Littler on

Every day, the press reports on arrests for one reason or another in California and other states. Many of those arrested have jobs. In turn, the employers of the arrestees in California are confronted with a dilemma: on the...more

Proskauer - California Employment Law

Nuclear Winter:  The Post-Verdict Battle in Employment Cases

As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive...more

JAMS

Are Emotional Distress Damages in FEHA Settlements Taxable?

JAMS on

In California FEHA settlements, plaintiffs often recover damages for both emotional distress and lost wages—but how are those payments taxed? Employers often compel an allocation in damages between wages (economic loss) and...more

Fox Rothschild LLP

California to Regulate Use of AI in Employment Starting October 1, 2025

Fox Rothschild LLP on

Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...more

CDF Labor Law LLP

Federal Court Grants Preliminary Certification in Landmark AI Hiring Bias Case

CDF Labor Law LLP on

As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more

Sheppard Mullin Richter & Hampton LLP

Where Are We Now With the Use of AI in the Workplace?

As we previously reported, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation,...more

Proskauer - Law and the Workplace

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more

Constangy, Brooks, Smith & Prophete, LLP

The feds may be backing down on LGBTQ protections, but should employers?

Don't overreact. (Or underreact.) This June, as corporations continue to roll back public support and funding for diversity, equity, and inclusion initiatives, it is important for employers to be familiar with the current...more

Weintraub Tobin

California Employment News: Gathering Information in a Workplace Investigation – Part 2 (Featured)

Weintraub Tobin on

In this featured episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part two of the Workplace Investigation Series, discussing best practices for collecting information during a workplace...more

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