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California AI hiring rules and Hello Recruiter
Bias audit covers California. Records kept four years by default.
California regulates AI in hiring through two sets of rules: FEHA regulations on automated-decision systems, in effect since October 1, 2025, and CCPA rules on automated decisionmaking technology (ADMT), which employers must meet by January 1, 2027. Hello Recruiter gives you the bias testing, four-year records and human review both sets of rules rely on.
At a glance
| FEHA automated-decision system rules | CCPA ADMT rules | |
|---|---|---|
| What it is | Civil Rights Council regulations applying California’s anti-discrimination law to AI and other automated tools | California Privacy Protection Agency regulations giving people rights over automated decisions |
| Applies to | Employers with 5 or more employees | Businesses that meet the CCPA’s size thresholds, for California applicants |
| In effect | October 1, 2025 | January 1, 2027 for tools already in use; at first use after that |
| Enforced by | California Civil Rights Department | California Privacy Protection Agency and the Attorney General |
| Hello Recruiter status | Supported: independent bias audit covering California (October 2026); four-year retention by default | Supported: human review built in; Hello Recruiter acts as your CCPA service provider |
Last reviewed: October 2026
What the law requires
FEHA automated-decision system rules
- Using an automated tool that discriminates against applicants on a protected basis is unlawful, including when the harm comes from disparate impact rather than intent.
- Anti-bias testing matters in a claim. Its quality, scope, recency and results, and what the employer did with them, are relevant evidence; a lack of testing counts against the employer.
- A vendor that performs screening or hiring functions on an employer’s behalf can be treated as the employer’s agent.
- Employers must keep automated-decision system data, such as applicant data, scores and decisions, for at least four years.
- Tools that measure things like reaction time or facial expressions can amount to unlawful medical or psychological inquiries, and accommodation duties still apply.
CCPA ADMT rules
- They apply when a business uses ADMT to make a significant decision, which includes hiring, without meaningful human involvement. Human involvement means a person who understands the output, reviews it with other relevant information, and has authority to change the decision.
- Before use, the business gives a pre-use notice: the specific purpose, how the ADMT works, and the person’s rights to opt out (or appeal) and to access information.
- People can opt out, with exceptions, including when the business offers an appeal to a qualified human reviewer who can overturn the decision.
- People can ask how the ADMT was used in a decision about them.
- Businesses also run a risk assessment; initial assessments are due by December 31, 2027.
How Hello Recruiter helps you comply
| What the rules require | What Hello Recruiter does | What your team does |
|---|---|---|
| FEHANo discriminatory effect | Independent bias audit across sex, race/ethnicity, age, religion, national origin, disability, sexual orientation, gender identity, veteran status, criminal history and medical condition; lowest impact ratio 0.985. Demographic data is never used in scoring. | Set criteria that are related to the job, and watch your own outcomes. |
| FEHAAnti-bias testing | Public audit summary, full report under NDA, and an internal re-test whenever the AI model changes. | Keep the summary in your compliance file. |
| FEHAFour years of records | Resumes, transcripts, criteria, scores and review logs are kept 4 years by default for US roles. | Don’t shorten retention for California roles. |
| FEHANo medical or psychological inquiries | Scores use only what candidates write and say: resume content and interview transcripts. No analysis of facial expressions, voice, tone or emotion. | Offer accommodations when candidates ask. |
| FEHAVendor as agent | Evaluates only against the criteria and weights your recruiters set. Never makes a hiring decision. | Keep your people making the decisions. |
| ADMTHuman involvement | The Human Review Center sends every AI result to your team, with the evidence behind each score, and reviewers can change any outcome. | Have trained reviewers actually review before deciding. |
| ADMTPre-use notice | Tells candidates up front when an AI interviewer is leading the conversation. Start from the candidate notice on our NYC page and add your opt-out or appeal process. | Add the pre-use notice to your notice at collection or careers page. |
| ADMTOpt-out or human appeal | Recruiters can enter a scorecard manually, run the evaluation themselves and fully override the AI scores. | Offer an appeal to a reviewer with authority to overturn, or an opt-out. |
| ADMTAccess requests | Every score traces from evidence to signals to competencies, so you can explain how the AI output was used. | Respond within the CCPA’s 45-day window. |
| CCPAService provider terms | Acts as your service provider under our DPA, which org admins can accept in the product. | Accept the DPA. |
| ADMTRisk assessment | Gives you our audit summary, data flows and sub-processor list for your assessment. | Complete your risk assessment by December 31, 2027. |
How Hello Recruiter meets these rules itself
Hello Recruiter is a CCPA service provider and doesn’t sell or share candidate data. Our SOC 2 Type I report, security policies and sub-processor list are on our trust center.
Common questions
Does California require a bias audit for AI hiring tools?
No law requires one, but FEHA’s rules make anti-bias testing relevant evidence in a discrimination claim. Hello Recruiter’s independent audit covered California’s protected traits, and the summary is public.
How long do we need to keep AI hiring records in California?
At least four years. Hello Recruiter keeps resumes, transcripts, criteria, scores and review logs for US roles for four years by default.
Can Hello Recruiter be treated as our agent under FEHA?
The rules can treat a vendor that screens candidates on an employer’s behalf as the employer’s agent. That’s why Hello Recruiter tests for bias independently, scores only against your criteria and leaves every decision to your people.
Do the CCPA ADMT rules apply if a recruiter reviews every AI score?
They apply when ADMT replaces or substantially replaces human decision-making. If your reviewers understand the scores, weigh other information and can change the outcome, the rules may not apply. Confirm with your counsel.
When do the CCPA ADMT rules take effect for employers?
January 1, 2027, for businesses already using ADMT for hiring. A business that starts using ADMT after that date must comply from the first use.
Does Hello Recruiter analyze facial expressions or voice?
No. Hello Recruiter scores only the content of resumes and interview transcripts.
See the audit paperwork
Our bias audit report, SOC 2 report and security policies are on the trust center.
Other AI hiring laws
- NYC Local Law 144Bias audit, public results and candidate notices
- IllinoisAI Video Interview Act and HB 3773
- Colorado AI ActNotices, adverse action and records from January 1, 2027
- EU AI ActHigh-risk hiring AI, provider and deployer duties
- GDPR and UK GDPRProcessor terms, transfers and human review
- All trust and complianceSecurity, privacy and AI hiring status in one place
This page explains how Hello Recruiter supports compliance. It is not legal advice. Your obligations depend on where you hire and how you use Hello Recruiter, so confirm them with your counsel. If this page differs from our legal documents, the documents govern.
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