What employers need to know about the proposed California AI Regs


April 13, 2023

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With the rapid spread of artificial intelligence across industries and sectors, state lawmakers have taken notice.

In the past few months alone, there has been widespread action at the state government level, with state task forces introducing bills to study AI, including Connecticut, Illinois, and Texas, while Massachusetts has introduced at least four bills that would regulate generative AI models designed with ChatGPT and automated decision-making tools in employment.

While most of these states are just starting to dip their toes into the regulatory ring in this space, California has been steadily building the foundation for over a year and establishing itself as a key regulator of AI in employment. Indeed, several interesting proposals have been made in California focused on automated decision-making tools.

This article focuses on two recent proposals in California – the California Civil Rights Council and Assembly Bill 331 regulations – and five things employers should know about them.

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Reproduced with permission. Originally published by Law360, New York (April 12, 2023).

The attorneys at Gibson Dunn are available to assist you with any questions you may have regarding these developments. Please contact your most frequent Gibson Dunn attorney, any member of the firm’s Labor and Employment practice group, or the authors:

Cassandra L. Gaedt-Sheckter – Palo Alto (+1 650-849-5203, [email protected])

Daniel J. Moss – New York (+1 212-351-6338, [email protected])

Emily Maxim Lamm – Washington, DC (+1 202-955-8255, [email protected])

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