New Jersey Disparate Impact Rules — Automated Employment Decision Tools (N.J.A.C. 13:16)
New Jersey · N.J.A.C. 13:16 (R.2025 d.150); N.J.S.A. 10:5-1 et seq.
New Jersey's Division on Civil Rights adopted rules confirming that the state's Law Against Discrimination reaches automated employment decision tools, including AI, that automate, aid, or replace human employment decision-making. The rules define such tools broadly and give concrete examples of how they can produce a disparate impact on applicants and employees in protected classes. Employers remain responsible even for vendor-supplied tools.
Technical detail
N.J.A.C. 13:16 (R.2025 d.150, operative Dec. 15, 2025), adopted under the NJ Law Against Discrimination (N.J.S.A. 10:5-1 et seq.), defines 'automated employment decision tools' and applies disparate-impact liability to their use in employment decisions, with illustrative examples.
Who is protected: Job applicants and employees in protected classes.
Who must comply: Employers, labor organizations, employment agencies, and other covered entities using automated employment decision tools (including vendor-supplied tools).
Key facts
| Jurisdiction | New Jersey |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2025-12-15 |
| Enacted | 2025-12-15 |
| Citation | N.J.A.C. 13:16 (R.2025 d.150); N.J.S.A. 10:5-1 et seq. |
| Enforced by | New Jersey Division on Civil Rights (Attorney General). |
| Private right of action | Yes — individuals can sue |
| Penalties | Existing Law Against Discrimination enforcement mechanisms apply (administrative complaints or civil action; remedies under N.J.S.A. 10:5); the rules add no separate penalty. |
| Topics | AI hiring and employment · automated decision-making |
| Last verified | 2026-06-16 |
| Official source | New Jersey Division on Civil Rights — Rules Pertaining to Disparate Impact Discrimination, N.J.A.C. 13:16 ↗ |
More AI rules in New Jersey
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- S731/A796 — Data center ratepayer protection and grid-demand · Enacted (not yet in effect)
- NJ Deceptive AI Deepfakes Act · In effect
- New Jersey Data Protection Act · In effect
- NJ Bot Disclosure Act (bots must identify themselves) · In effect
- Guidance on Algorithmic Discrimination and the New Jersey La · In effect
Related AI hiring and employment rules elsewhere
- CA EO N-6-26 (AI Workforce) · In effect
- CO ADMT Act (SB 26-189, 2026) · Enacted (not yet in effect)
- Maine LD 61 (employer surveillance disclosure & prohibition) · In effect
- Washington SHB 1672 (employee monitoring notice, ADS restrictions, emotion AI ban) · In effect
- Stop Spying Bosses Act (Senate, 2026) · Proposed / pending
- Meta AI Layoff Discrimination Lawsuit (2026) · In effect
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