New Jersey Guidance on Algorithmic Discrimination

SUMMARY

New Jersey's Division on Civil Rights explains that the Law Against Discrimination applies when automated decision systems or other algorithmic tools cause unlawful discrimination, including in employment advertising, screening, hiring, evaluation, promotion, discipline, and termination.

WHY IT MATTERS

The guidance makes clear that using a third-party or internally developed tool does not displace a covered entity's obligations under the LAD, while avoiding the false implication that every algorithmic decision is unlawful.

KEY REQUIREMENTS

• The guidance itself does not create new legal requirements; it explains how the existing Law Against Discrimination applies.
• Covered entities remain liable when their use of an algorithmic tool results in discrimination prohibited by the Law Against Discrimination.
• Reasonable care in selecting and monitoring vendors and tools may reduce discriminatory risk but does not replace compliance with the LAD.

COVERAGE

Employers: Employers and other entities covered by the New Jersey Law Against Discrimination.

Workers: Applicants and employees protected by the LAD.

ENFORCEMENT & PENALTIES

New Jersey Division on Civil Rights enforcement under the existing Law Against Discrimination.

CHANGE HISTORY

1. 2026-09-08
   verification update

   Record re-verified

   Official source links, status, and key dates were checked for this maintenance release.

2. 2025-01-09
   guidance issued

   DCR issued algorithmic-discrimination guidance

   The Division on Civil Rights explained how the LAD applies to algorithmic discrimination, including employment uses.

TOPICS

PRIMARY SOURCES