New Jersey’s attorney general clarified that the state’s discrimination law applies to algorithmic discrimination and bias-based harassment stemming from artificial intelligence and similar technologies. In a joint statement, Attorney General Matthew J. Platkin and the state Division of Civil Rights announced guidance to help companies ensure their use of AI and automated decision-making tools complies with the law.
The tools, used in employment, housing, credit, and public accommodations, risk causing disparate treatment discrimination, disparate impact discrimination, or failing to provide reasonable accommodations if improperly designed or tested. The guidance states regulated entities may be liable for algorithmic discrimination even when the tools are developed by third parties.
While AI is a new technology, the Law Against Discrimination (LAD) applies to algorithmic discrimination the same way it applies to traditional discriminatory conduct. The law prohibits discrimination in employment, housing, credit, and contracting based on race, religion, national origin, gender identity, disability, and other protected characteristics.
