LCW attorneys Mark Meyerhoff and Chase Booth recently authored an article in the Daily Journal, explaining that as artificial intelligence becomes more integrated into workplace decision making, California is moving toward stricter expectations that employers be able to demonstrate that human judgment, not AI, drives employment actions. The article highlights recent Civil Rights Department regulations and proposed legislation, including SB 947, which signal increased scrutiny of automated decision systems, particularly where they may impact protected characteristics. Employers are advised to maintain detailed documentation, retain AI related data, and ensure meaningful human review of any AI assisted decisions. The central takeaway is clear that while AI can support employment decisions, organizations must be prepared to show with credible evidence that a human ultimately made and justified the final determination.
View the full article here: https://www.dailyjournal.com/article/390625-when-ai-touches-employment-decisions-california-will-want-receipts