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California Update: Constrains to Automated Decision Tools (ADTs) Fails to Pass

31 Oct

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Update Applicable to:Effective date
All employers in CaliforniaSee details below


What happened?

On August 31, 2024, the California Assembly ordered to inactive file AB 2930, which would require businesses to perform risk assessments and disclose when AI is used in decisions impacting employees.


Quick Summary:

  • AB 2930, which aimed at regulating automated decision systems to prevent algorithmic discrimination, failed to pass in the California Legislature due to legislative inactivity, scope reduction, and controversy over its requirements. The bill was ultimately moved to the inactive file in the Senate.


What are the details?

  • AB 2930, known as “Automated Decision Tools,” was a bill aimed at regulating the use of artificial intelligence (AI) in high-risk processing activities, particularly in employment-related decisions.
  • Initially similar to the Colorado AI Act, it was later narrowed in scope.
  • The bill required businesses to perform risk assessments, disclose AI usage in employee-related decisions, and establish governance programs to prevent algorithmic discrimination.
  • Despite its potential to protect workers, the bill failed to pass after being moved to the Senate’s inactive file.


Business Considerations

  • For now, employers that are using an ADT do not have to modify their practices. However, employers should consider taking steps to mitigate the risk of algorithmic discrimination if they are using an ADT. Taking a proactive approach can prevent many issues and alleviate potential stress.


Source References

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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