In January 2025, the New Jersey Division on Civil Rights (DCR) issued guidance explaining the New Jersey Law Against Discrimination (LAD) applies equally to decisions made with the assistance of artificial intelligence (AI). Employers cannot avoid liability because an algorithm, not a person, made or influenced an employment decision is the message.
What Is Algorithmic Discrimination?
Algorithmic discrimination occurs when an automated decision-making tool results in discrimination based on a protected characteristic, such as race, sex, age, disability, religion, national origin, or another classification protected under the LAD. According to the DCR, these tools include technologies that use AI, machine learning, or predictive analytics to assist with employment decisions.
Bias can arise for several reasons, including flawed system design, biased training data, or the manner in which the technology is implemented. As a result, even facially neutral AI tools may unintentionally… Read the complete article here...
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