Earlier this year, NJ S-4075 and NJ A-4981 is a paired partisan companion bill that was introduced in the New Jersey Legislature. This proposed legislation would set regulations on the use of artificial intelligence-based algorithms and other systems and electronic monitoring of workers in workplace decisions to protect workers from illegal discrimination, such as illegal terminations based on age. See NJ Employment Attorney, Older Employees Denied Promotions. This proposed legislation has as its goal, establishing essential legal employment protections for workers and job applicants regarding Artificial Intelligence generated algorithms in employment decision tools. See 09/22/2025 NJ Employment Attorney, Employee with Disability Terminated by Employer, Shocking Statistics.
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, New Jersey Age Discrimination Lawyer, race, disability, sex, color, ethnic origin, religion, sexual orientation or other protected characteristic, you should contact this office today for a free consultation.
If passed into law, this legislation will ensure that there are limits on employer’s use of AI in Electronic Monitoring in Workplace and other employee protections from intrusive artificial intelligence.
SHORT SUMMARY OF PROPOSED REGULATIONS in NJ S-4075 and NJ A-4981
Regulations in Bill Which Affect Use of Artificial Intelligence as it Relates to Labor:
Electronic Monitoring Tools (EMT)
Currently, employers use electronic monitoring tools to collect and process a wide range of data and information. The bill will put restrictions on how artificial intelligence will be used in “electronic monitoring tools” (EMT) to collect and process a wide range of data and information about workers and job applicants.
Automated Employment Decision-making Systems (AEDS)
This bill has proposed regulations for AI used by an employer’s “automated employment decision-making systems” (AEDS) in making employment-related decisions such which job applicants to hire, and which workers lay-off or terminate. New Jersey Race Discrimination Lawyer.
Automated Benefit and Service Decision-making Systems (ABSDS)
The bill also regulates “automated benefit and service decision-making systems” (ABSDS) used by employers in making decisions related to providing public benefits and services. Unregulated, automated systems in places of employment are not accountable and particularly pose harm to older workers and disabled workers. New Jersey Disability Discrimination Lawyer.
Required Impact Assessments
This bill requires that an employers’ AI system, specifically an EMT, AEDS, or ABSDS (see the above definitions) cannot be used until it is screened in an “impact assessment” and approved as being in compliance with the requirements of the bill by an independent auditor or, if for governmental use, by the Department of Labor and Workforce Development.
Prohibited Uses of AI-based Systems, Compliance with the Bill Includes Prohibitions of:
(1) Surveillance practices such as monitoring workers in:
A) bathrooms, rest areas, locker rooms or other non-work areas; or
B) outside of the workplace; or
C) surveillance outside of work times; or
D) compelling workers to install monitoring software in personal
devices; or have tracking devices implanted; or
E) disclose device passwords or social media accounts.
Employees shall have the right, when in those rooms or areas, or on off-duty hours, to remove, disable, or decline to carry workplace surveillance devices that the employer requires to be on their person or in their possession while working.
(2) Using any AI system or surveillance in a way that causes, or contributes to, a violation of:
A) a collective bargaining agreement; or
B) violation of a State or federal law; or
C) pressures employees not to exercise their rights under an agreement or those laws. Employment/Civil Rights Law.
(3) Using an AI system to:
A) set, or facilitate setting, performance standards; or
B) set, or facilitate productivity quotas likely to contribute significantly to harming worker health and safety.
(4) Using AI systems to discriminate in employment decisions, including:
A) hiring or firing; or decisions about public benefits or services, by using information regarding any classification or characteristic of an individual protected under State or federal law; or
B) information about union affiliation, or any other classification or characteristic, other than unlawful behavior, not directly related to work performance or work qualifications or eligibility for benefits or services.
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.