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Labor/Employment

Jun. 1, 2026

The algorithm in the courtroom: How California's new AI rules are reshaping employment litigation

See more on The algorithm in the courtroom: How California's new AI rules are reshaping employment litigation

Pankit J. Doshi

Office Managing Partner
McDermott Will & Schulte LLP.

Phone: (628) 218-3800

Email: pdoshi@mwe.com

Loyola Law School; Los Angeles CA

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Nicholas Neathamer

Associate
McDermott Will & Schulte LLP

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The algorithm in the courtroom: How California's new AI rules are reshaping employment litigation

Effective Oct. 1, 2025, the California Civil Rights Council's regulations under the Fair Employment and Housing Act (FEHA) make explicit what many practitioners long suspected: AI and automated decision systems (ADS) are fully within the reach of California's anti-discrimination laws. But beyond compliance, these regulations are engineering the next major frontier of employment litigation, a battleground that will largely be fought over discovery. Four issues will define th...

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