NJ N.J.A.C. 13:16 (bias law covers AI hiring tools)

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.

Status
In effect
Took effect
December 15, 2025
Applies to
Employers, labor organizations, employment agencies, and other covered entities using automated employment decision tools (including vendor-supplied tools).
Enforced by
New Jersey Division on Civil Rights (Attorney General).

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.

Who is protected: Job applicants and employees in protected classes.

Legal 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.

Key facts

JurisdictionNew Jersey
LevelState
StrengthLimited
EnactedDecember 15, 2025
CitationN.J.A.C. 13:16 (R.2025 d.150); N.J.S.A. 10:5-1 et seq.
Private right of actionYes, individuals can sue
PenaltiesExisting 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.
TopicsAI hiring and employment · automated decision-making
Agency pageNew Jersey Division on Civil Rights — Rules Pertaining to Disparate Impact Discrimination, N.J.A.C. 13:16

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