New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S1588

Introduced
1/9/24  

Caption

Regulates use of automated tools in hiring decisions to minimize discrimination in employment.

Impact

This bill, if enacted, would significantly impact state laws related to employment and discrimination. It aims to affirm the rights of job candidates by ensuring they are informed of the automated tools being used to assess their applications, thus preventing employers from using discriminatory practices under the guise of technology. The intention is to protect potential employees from biases that may be embedded within algorithms and to encourage fair assessment based on merit rather than potentially flawed automated processes. This could lead to broad changes in employment practices across various sectors, as employers adapt to new requirements regarding their hiring systems.

Summary

Senate Bill 1588 seeks to regulate the use of automated employment decision tools to ensure fairness in hiring practices, particularly by minimizing discrimination based on protected characteristics. The legislation mandates that companies using such tools must undergo a bias audit within the year prior to their sale as well as annually thereafter. This includes a requirement to provide the results of these audits to purchasers at no additional cost, promoting transparency and accountability in the use of these technologies in hiring decisions. Additionally, the bill specifies that candidates must be made aware that such tools were used during their application process, allowing them to understand the influences on employment decisions made about them.

Contention

One notable point of contention might arise from concerns over the costs associated with the required bias audits and whether the financial burden could disproportionately affect smaller employers. Critics could argue that such regulations might hinder the adoption of beneficial technologies that improve hiring efficiency. Furthermore, the judicial enforcement mechanisms, including civil penalties for non-compliance, may lead to debates regarding the balance between accountability and administrative burdens on businesses. Advocates for the bill, however, maintain that these safeguards are necessary to uphold fairness and protect vulnerable job seekers from systemic discrimination in hiring practices.

Companion Bills

NJ A4030

Same As Regulates use of automated tools in hiring decisions to minimize discrimination in employment.

NJ S1926

Carry Over Regulates use of automated tools in hiring decisions to minimize discrimination in employment.

NJ A4909

Carry Over Regulates use of automated tools in hiring decisions to minimize discrimination in employment.

Previously Filed As

NJ S1926

Regulates use of automated tools in hiring decisions to minimize discrimination in employment.

NJ A4909

Regulates use of automated tools in hiring decisions to minimize discrimination in employment.

NJ A4030

Regulates use of automated tools in hiring decisions to minimize discrimination in employment.

NJ A3854

Regulates use of automated employment decision tools in employment decisions to minimize discrimination in employment.

NJ S2964

Creates standards for independent bias auditing of automated employment decision tools.

NJ A3855

Creates standards for independent bias auditing of automated employment decision tools.

NJ AB331

Automated decision tools.

NJ SB2203

AUTOMATED DECISION TOOLS

NJ HB5116

AUTOMATED DECISION TOOLS

NJ A03779

Restricts the use by an employer or an employment agency of electronic monitoring or an automated employment decision tool to screen a candidate or employee for an employment decision unless such tool has been the subject of an impact assessment within the last year; requires notice to employment candidates of the use of such tools; provides remedies for violations.

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