New Jersey: Guidance on Algorithmic Discrimination
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APPLIES TO Employers with Employees in NJ |
EFFECTIVE January 9, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
On January 9, 2025, the New Jersey attorney general and the Division of Civil Rights announced the launch of a new Civil Rights and Technology Initiative to address the risks of discrimination stemming from the use of artificial intelligence (AI) and other advanced technologies.
As part of this initiative, the agency issued guidance clarifying that New Jersey law prohibits algorithmic discrimination, which can occur when automated decision-making tools—such as AI, machine learning, or predictive analytics—result in discriminatory outcomes. Employers using these tools must ensure that their design, training, and deployment do not unintentionally result in discrimination based on protected characteristics such as race, gender, or disability.
The guidance emphasizes that employers are responsible for ensuring that AI and automated tools do not violate the New Jersey Law Against Discrimination (NJLAD) by engaging in disparate treatment, disparate impact, or failing to accommodate individuals with disabilities. For instance, an AI tool designed to screen resumes could violate the law if it treats certain groups differently or if it disproportionately impacts protected groups. Employers must also ensure that the use of these tools does not impede reasonable accommodations for employees on the basis of disability, religion, or pregnancy, and they must be proactive in testing these tools for bias and considering alternatives that minimize discriminatory outcomes.
Action Items
- Review use of artificial intelligence in the workplace for compliance with anti-discrimination laws.
- Consult with legal counsel when implementing new technology that impacts worker rights.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase