Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination (Attorney General and Division on Civil Rights, January 2025)

Summary

The New Jersey Attorney General and the Division on Civil Rights issued guidance explaining how the Law Against Discrimination applies to discrimination that results from automated decision-making tools, including AI, used by employers, housing providers, places of public accommodation and other covered entities. The guidance states that the law prohibits algorithmic discrimination in employment, housing, public accommodation, credit and contracting, and that a covered entity can be liable even when it uses a tool it did not develop and does not understand how the tool works. It was announced with a Civil Rights and Technology Initiative and a Civil Rights Innovation Lab. The guidance explains existing law; it is not a new statute.

Key dates

1. January 2025 (date of issue)Takes effect
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. The New Jersey Office of the Attorney General and the Division on Civil Rights (DCR) issue this guidance to clarify how the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination

   Supports: Issuers and purpose

   in New Jersey the LAD prohibits algorithmic discrimination in employment, housing, places of public accommodation, credit, and contracting

   Supports: Scope, including credit

   a covered entity is not shielded from liability for algorithmic discrimination that results from the entity’s use of an automated decision-making tool simply because the tool was developed by a third party

   Supports: Liability for third-party tools

   Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination (January 2025) New Jersey Office of the Attorney General and Division on Civil Rights Primary source

2. For Immediate Release: January 9, 2025

   Supports: Date of announcement

   DCR has launched a new Civil Rights and Technology Initiative to address the risks of discrimination and bias-based harassment stemming from the use of artificial intelligence (AI) and other advanced technologies

   Supports: Initiative launched with the guidance

   Attorney General Platkin and Division on Civil Rights Announce New Guidance on Algorithmic Discrimination, Creation of Civil Rights Innovation Lab New Jersey Office of the Attorney General Primary source