A New Jersey bill has been introduced in the State Assembly and State Senate to protect workers and job applicants from the negative consequences of employers using Artificial Intelligence in making illegal employment decisions as to hiring, promotions, and terminations. Some of the concerns this bill addresses are when a job applicant may be unfairly screened out by an AI system or when a worker is terminated or laid off by an AI system. While the employer may allege it is for legimate business reasons such as a downsizing or restructuring, rather than any fault of the worker, the employer may not disclose that they utilized AI algorithms and their electronic monitoring tools in their automated employment decision-making systems.
Employees in protected classes, such as older employees, disabled employees and persons of color, New Jersey Race Discrimination Lawyer, have long suspected that there at times seems to be no logical reason for their not being promoted, or given raises, or offered training on par with their co-workers. Older workers, New Jersey Age Discrimination Lawyer, disabled workers, and racial minorities feel singled out when they are put on a P.I.P. when there has been no prior criticism of their work, particularly when their managers have expressed satisfaction with their work. See NJ Employment Attorney, I Was Put on a PIP: the Dangers of a PIP.
Negative consequences and adverse actions against employees may arise when it is not humans making the ultimate employment decisions regarding individual employees, but instead AI generated algorithms that may contain built-in biases. In the interest of promoting profits, more and more companies are utilizing AI in making employment decisions. See NJ Employment Discrimination Attorney, Artificial Intelligence and Discrimination Against High-Earner Employees with the Most Exposure.
Don’t Sit on Your Rights
If you are an employee who is experiencing discrimination, don’t sit on your rights. Contact us today for a free consultation. If you think you are being discriminated against because of your age, race, disability, sex, color, ethnic origin, religion, sexual orientation or other protected characteristic, you should contact this office today for a free consultation.
Unregulated, Automated AI Systems in Places of Employment Are Not Accountable.
Some AI algorithms, through data collection, disclose a likelihood of a person's race, age or sex. Functionality of AI algorithms and machine learning applications utilized by many HR departments may reveal (either deliberately or unintentionally) these and other legally protected class characteristics. HR Departments do not typically single out individuals for layoffs based on their own personal reviews. Instead, they rely upon the executive leadership and top executives who began the process using artificial intelligence to decide the overall budget cuts and determine the percentage of the workforce that must be eliminated based on financial goals or restructuring. Unwarranted negative Employee Performance Evaluations may result.
A worker’s age and health may play a big part in these AI generated algorithms which may dissuade employers from wanting to retain employees who may in the future require more sick time off or who will raise their health insurance costs. New Jersey Disability Discrimination Lawyer.
AI collected data from thousands of sources may be inaccurate and incorporate misinformation. Whether the data is current and accurate or is inaccurate, longstanding cultural myths, debunked scientific theories, medical statistics, biases and prejudices could inadvertently make their way into machine learning applications. New Jersey Race Discrimination Lawyer. These AI systems can have serious adverse economic impacts on workers and claimants for benefits and services. Affected individuals so targeted by AI do not have access to the AI information gathered and used or any explanation of the adverse employment decision processes that can have such profound effects on their lives.
If passed into law, this legislation will ensure that there are limits on the use of an employer’s systems using artificial intelligence in places of employment and for public services.
This bill was introduced on May 4, 2026 in the Senate, NJ S-4075, sponsored by Democratic Senator Andrew Zwicker, District 16 [Hunterdon, Mercer, Middlesex and Somerset] and Democratic Senator Shirley K. Turner, District 15 [Hunterdon and Mercer]. It is currently pending in the Senate Labor Committee.
Its companion partisan bill, A-4981, introduced on May 7, 2026 in the New Jersey State Assembly had eleven sponsors: Rep. Heather Simmons, Rep. Cody Miller, Rep. Carol Murphy, Rep. Verlina Reynolds-Jackson, Rep. Kevin Egan, Rep. Joe Danielsen, Rep. Wayne DeAngelo, Rep. William Sampson, Rep. Anthony Angelozzi, Rep. Maureen Rowan, and Rep. Marisa Sweeney. It is currently pending in the Assembly Science, Innovation and Technology Committee.
If you resign, you may lose right to prevail in a lawsuit.
In many instances of discrimination and retaliation, if you resign, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of resigning, or think you will be fired, or have been fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
What You Can Do.
I have represented employees who were illegally discriminated against by their employers, and was successful in recovering financial compensation for their emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages. If you think you are being discriminated against, you should contact this office immediately for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Contact Hope A. Lang, Attorney at Law today for a free consultation.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.