The New Jersey Office of the Attorney General and the Division on Civil Rights have issued guidance to clarify how the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination resulting from the use of new and emerging data-driven technologies, such as artificial intelligence (AI), by employers.
The guidance provides an overview of automated decision-making tools, explores the risk of algorithmic discrimination posed by the use of these tools and their potential benefits, and outlines the LAD’s protections against algorithmic discrimination.
Importantly, the guidance clarifies that the LAD applies to algorithmic discrimination in the same way it applies to other discriminatory conduct. That is, the LAD prohibits algorithmic discrimination in employment on the basis of actual or perceived race, religion, color, national origin, sexual orientation, pregnancy, breastfeeding, sex, gender identity, gender expression, disability, and other protected characteristics.
Click here for more information from the New Jersey Office of the Attorney General.
