1. (a) “Automated-Decision System.” A computational process that makes a decision or facilitates human decision making regarding an employment benefit, as defined in section 11008(i) of these regulations. An Automated-Decision System may be derived from and/or use artificial intelligence, machine-learning, algorithms, statistics, and/or other data processing techniques.

   1. (1) Automated-Decision Systems perform tasks such as:

      1. (A) Using computer-based assessments or tests, such as questions, puzzles, games, or other challenges to:

         1. (i) Make predictive assessments about an applicant or employee;
         2. (ii) Measure an applicant's or employee's skills, dexterity, reaction-time, and/or other abilities or characteristics;
         3. (iii) Measure an applicant's or employee's personality trait, aptitude, attitude, and/or cultural fit; and/or
         4. (iv) Screen, evaluate, categorize, and/or recommend applicants or employees.
      2. (B) Directing job advertisements or other recruiting materials to targeted groups;
      3. (C) Screening resumes for particular terms or patterns;
      4. (D) Analyzing facial expression, word choice, and/or voice in online interviews; or
      5. (E) Analyzing employee or applicant data acquired from third parties.
   2. (2) “Automated-Decision System” excludes word processing software, spreadsheet software, map navigation systems, web hosting, domain registration, networking, caching, website-loading, data storage, firewalls, anti-virus, anti-malware, spam- and robocall-filtering, spellchecking, calculators, database, or similar technologies, provided that these technologies do not make a decision regarding an employment benefit.
2. (b) “Algorithm.” A set of rules or instructions a computer follows to perform calculations or other problem-solving operations. Algorithms can, for example, detect patterns in datasets and automate decision-making based on those patterns and datasets.
3. (c) “Artificial Intelligence.” A machine-based system that infers, from the input it receives, how to generate outputs. Outputs can include predictions, content, recommendations, or decisions.

4. (d) “Automated-Decision System Data.”

   1. (1) Any data used in or resulting from the application of an automated-decision system, such as data provided by or about individual applicants or employees, or data reflecting employment decisions or outcomes; and/or
   2. (2) Any data used to develop or customize an automated-decision system for use by a particular employer or other covered entity.
5. (e) “Machine Learning.” The ability for a computer to use and learn from its own analysis of data or experience and apply this learning automatically in future calculations or tasks.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12926 and 12940, Government Code.

History

1. New section filed 6-27-2025; operative 10-1-2025 (Register 2025, No. 26).