Quick Answer: In California, employers may not rely solely on artificial intelligence or automated decision-making systems (“ADS”) to fire or discipline a worker, a rule that takes effect under SB 947, the “No Robo Bosses Act,” on July 1, 2027. Even before that date, existing California laws, including the Fair Employment and Housing Act (FEHA) and the Labor Code, may already apply if an AI-assisted termination involved discrimination or retaliation. Consulting an employment attorney may help clarify your options.

What the New California AI Firing Law (SB 947) Actually Says

On September 30, 2026, Governor Gavin Newsom signed Senate Bill 947, informally known as the “No Robo Bosses Act.” It is generally described as the first law of its kind in the country to require human oversight before an employer takes certain employment actions based on an automated decision-making system. In broad terms, the law is intended to prevent California employers from relying exclusively on artificial intelligence or other ADS to discipline or fire workers. The exact scope, definitions, and requirements depend on the statutory text and any regulations that follow, and how it applies to a particular situation may depend on the specific facts involved.

When Does the “No Robo Bosses Act” Take Effect?

SB 947 is scheduled to take effect on July 1, 2027. That means the specific protections it creates generally apply to employment actions on or after that date. If you believe an automated system may have played a role in an employment decision before then, the new law may not directly apply, but other existing California protections still could, depending on the circumstances.

What California Laws May Protect You Today, Before July 2027

• FEHA (Gov. Code § 12940 et seq.) prohibits employment discrimination based on protected characteristics such as race, sex, age (40 and over), disability, national origin, religion, and others. If an automated tool contributed to a decision that treated you differently because of a protected characteristic, FEHA may apply.
• The California Labor Code, including whistleblower protections under Labor Code § 1102.5, may apply if you were disciplined or terminated for reporting unlawful conduct or refusing to participate in an unlawful activity.
• California Civil Rights Council regulations on automated-decision systems, effective October 1, 2025, help clarify that existing anti-discrimination protections may reach AI and algorithmic tools used in employment decisions. Whether any of these protections apply depends on the specific facts of your situation.

How to Tell If AI May Have Played a Role in Your Termination

It is not always obvious when an automated system has influenced an employment decision. Possible signs could include references to automated “scoring,” performance-monitoring software, scheduling or productivity-tracking tools, or decisions that appear to have been made with little or no individualized human review. These are only possible indicators, and the presence of any one of them does not establish that a decision was unlawful. If you suspect an automated system was involved, it may help to keep a written record of what you observed and any communications you lawfully received.

What the California Civil Rights Department (CRD) Says About AI Discrimination

The CRD, formerly the DFEH, enforces FEHA. The California Civil Rights Council’s regulations on automated-decision systems, effective October 1, 2025, generally clarify that using an automated tool does not exempt an employer from FEHA’s anti-discrimination requirements. In other words, an employer may not avoid responsibility for a discriminatory outcome simply because an algorithm, rather than a person, produced it. How these regulations apply to any particular situation depends on the facts.

Steps to Consider If You Believe You Were Wrongfully Terminated by an Algorithm

1 Preserve records you lawfully possess

Preserve records and information that you lawfully possess, such as your employment agreement, performance reviews, relevant emails, and a written timeline of events. Do not access restricted company systems or obtain confidential, proprietary, privileged, or personal information that you are not authorized to possess.

2 Note any references to automated tools

Note any references you encountered to automated scoring, monitoring, or decision-making tools.

3 Be mindful of deadlines

California filing deadlines can be strict, and missing a deadline may limit available options. Exceptions and different procedural requirements may apply, so consider seeking legal advice promptly.

4 Consider consulting an attorney

Consider consulting a California employment attorney who can evaluate the specific facts of your situation.

FAQs

Can I sue my employer for using AI to fire me?

Whether you may have a claim depends on the specific facts. If an AI-assisted decision involved discrimination, retaliation, or other unlawful conduct, existing California laws such as FEHA or the Labor Code may apply. After SB 947 takes effect on July 1, 2027, additional human-oversight requirements may also be relevant.

Does SB 947 apply to my job?

It is scheduled to take effect July 1, 2027, and whether it applies depends on the law’s scope and the facts involved. SB 947 is not retroactive and only applies to scenarios of termination due to an employer relying solely on ADS when that scenario happens on July 1, 2027 or later. An attorney may help you understand whether it, or other existing protections, may apply.

What evidence should I try to preserve if I suspect AI was involved in my firing?

Documents and communications you lawfully possess, such as your employment agreement, performance reviews, relevant emails, and a written timeline. Do not access restricted company systems or obtain confidential, proprietary, privileged, or personal information that you are not authorized to possess.

Is being fired by AI the same as wrongful termination in California?

Not necessarily. Whether a termination is unlawful generally depends on the reason behind it and the facts involved, not simply on whether an automated tool was used.

Can my employer’s AI system discriminate under FEHA?

FEHA prohibits discrimination based on protected characteristics, and the automated-decision-system regulations effective October 1, 2025 generally clarify that using an automated tool does not exempt an employer from these requirements. Whether a particular outcome was discriminatory depends on the specific facts.

Speak With a California Employment Attorney