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
| Jurisdiction | New Jersey |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | December 15, 2025 |
| Citation | N.J.A.C. 13:16 (R.2025 d.150); N.J.S.A. 10:5-1 et seq. |
| 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 |
| Agency page | New Jersey Division on Civil Rights — Rules Pertaining to Disparate Impact Discrimination, N.J.A.C. 13:16 |
More AI rules in New Jersey
- NJ Forbidding the Algorithmic Inflation of Rent (FAIR) Act · Enacted (not yet in effect)
- S731/A796 — Data center ratepayer protection and grid-demand · In effect
- New Jersey S3379/A4096 data center transparency (2026) · In effect
- NJ developer litigation against municipal data center bans (2026) · Blocked / in litigation
- New Jersey Quijano AI data center delay and study commission bill (2026) · Proposed / pending
- NJ S4754 AI unauthorized practice of professions · Proposed / pending
Related AI hiring and employment rules elsewhere
- CA EO N-6-26 (AI Workforce) · 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) · Blocked / in litigation
- Kistler v. Eightfold AI (FCRA, AI hiring) · Blocked / in litigation
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