Clarifying New Jersey Protections Against Algorithmic Discrimination in AI

January 20, 2025

Clarifying New Jersey Protections Against Algorithmic Discrimination in AI

Clarifying New Jersey Protections Against Algorithmic Discrimination in AI

According to a press release from New Jersey Attorney General Matthew J. Platkin, his office and the Division on Civil Rights (DCR) have launched a Civil Rights and Technology Initiative to tackle risks of algorithmic discrimination stemming from artificial intelligence (AI) and advanced technologies while promoting compliance with New Jersey’s Law Against Discrimination (LAD). 

Key components of the initiative include the creation of a Civil Rights Innovation Lab, which aims to responsibly leverage technology to enhance DCR’s enforcement and public education efforts. The lab will partner with experts and stakeholders to develop protocols for the ethical use of AI and other technologies. The initiative aligns with New Jersey Governor Phil Murphy’s Artificial Intelligence Task Force recommendations, emphasizing responsible AI use to prevent discrimination. 

Governor Murphy and Attorney General Platkin highlighted the importance of ensuring technological innovation does not result in exclusion or bias against diverse communities.

The DCR guidance outlines potential discrimination risks in areas like employment, housing, public accommodations, credit, and contracting due to automated decision-making tools. It clarifies that companies may be liable for discriminatory outcomes caused by these tools, even if developed by third parties.

The DCR guidance highlights the risks of algorithmic discrimination in areas such as employment, housing, public accommodations, credit, and contracting, emphasizing that companies can be held liable for discriminatory outcomes caused by automated decision-making tools, even if developed by third parties. The guidance also reaffirms that the New Jersey Law Against Discrimination (LAD) protects residents from such bias.

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