*The proposed bill is pending legislation. We will continue to update this information as new developments become available. *
California Assemblymember Rebecca Bauer-Kahan, chair of the Assembly Privacy and Consumer Protection Committee, plans in 2025 to reintroduce a bill to prevent AI algorithmic discrimination across all business sectors, according to a Dec. 5 interview with Bloomberg. This will be the third version of the bill, which she previously introduced as California Assembly Bill 2930 in February 2024 and as AB 331 in January 2023.
The AI anti-bias bill targets regulation of automated decision tools (ADTs). Such bills are designed to address rising transparency and fairness concerns around the use of artificial intelligence technology to make consequential decisions that can have a legal, material, or similarly significant effect on a person’s life. Similar measures were enacted in Colorado in 2024 (SB 24-205) and in New York City in 2023 (Local Law 144).
Like California’s AB 331, which pertained to multiple business sectors, including housing, employment, education, health care, financial services, and criminal justice, Bauer-Kahan told Bloomberg that the new bill would apply to all areas of potential discrimination, even if there was pushback. “Developers best understand the technical capabilities of their tools. And those creating AI tools need to bear some responsibility for their effects,” she said.
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CA Legislator to Revive AI Anti Discrimination Bill in 2025
SHRM | Jan 2025
Press Release from Assemblymember Bauer-Kahan
Articles
“The difference today is that we’re doing this in partnership with civil society,” Bauer-Kahan said before introducing representatives of the Service Employees International Union and the TechEquity Collaborative.
“It is critically important that the people who experience these decisions everyday are at the table, that they are being heard,” Bauer-Kahan said.
Bauer-Kahan has said legislation is needed even though California’s privacy agency is working to finalize rules governing automated decision-making tools.
Bauer-Kahan rolls out new AI discrimination bill in Calif.
Pluribus News | Feb 2025
AB 2930 prohibits algorithmic discrimination and AB 3058 offers an “unconditional benefit pilot program” for employees whose jobs are replaced by AI.
AB 2930 would require employers to: (1) Perform an impact assessment before an automated decision system is employed; and (2) After the system is employed, on an annual basis, perform an impact assessment. The impact assessment must include a statement of the purpose of the system, its intended benefits, its intended uses, and its deployment context(s). Each impact assessment must be provided to the Office of Civil Rights Department (“OCR”). The Bill prescribes an obligation by the employer to notify each candidate or employee of the use of the automated decision system and provides the candidate or employee with an alternative decision-making process, if feasible, and an opportunity to correct any incorrect personal data.
The Bill would also prohibit the use of an automated decision system if the impact assessment identifies a reasonable risk of algorithm discrimination, i.e., the algorithm shows a preference for potential or existing employees based on actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by state or federal law.
Be on the lookout: AI bills impacting the workplace to monitor in 2025
Freeman Mathis | Nov 2024
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Previous Legislative Developments
Landmark AI Discrimination Bill Stalls Out in California Legislature, But Other AI Measures Advance
Fisher Phillips | Sept 2024
State and Local AI Law Update: California AB 331 is Dead – Meet AB 2930
DCI Consulting | Aug 2024
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