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NJ A1021

NJ A1021
Creates standards for independent bias auditing of automated employment decision tools.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill provides standards for the use of an independent bias audit if an employer elects to use an automated employment decision tool (AEDT) for an employment decision. The bill defines AEDT to mean a machine-based system that can, for a set of human-defined objectives provided by an employer or an individual acting on behalf of an employer, make predictions, recommendations, or decisions influencing recruitment, workforce, or employment decisions. The bill defines "bias audit" to mean an impartial evaluation conducted by an independent auditor, including but not limited to: a. rigorous assessment of an AEDT to determine its impact on persons of any category, including race, color, national origin, ethnicity, sex, gender identity, sexual orientation, age, religion, marital or familial status, disability, and deriving income from any public assistance program; b. identification and documentation of any biases, risks, or potential discriminatory outcomes that arise from the AEDT's design, implementation, or use; and c. clear actionable recommendations to avoid, manage, or mitigate, identified biases and risks, and to ensure the sage, secure and trustworthy use of the AEDT in employment decisions. Under the bill, an employer or employment agency is prohibited from using or continuing to use and AEDT if more than one year has passed since the most recent bias audit of the AEDT. The bill includes minimum requirements for bias audits. The bill also requires bias audits to use training data of the AEDT except in certain circumstances and provides requirements for when an individual employer or employment agency may use training data of other employers or employment agencies for the bias audit.

AI Summary

This bill establishes standards for employers and employment agencies that use automated employment decision tools (AEDTs), which are defined as computer systems that make predictions or decisions influencing hiring, workforce management, or employment. If an employer chooses to use an AEDT, they must conduct an independent bias audit, which is an impartial evaluation by an independent auditor to assess the tool's impact on various protected categories such as race, sex, age, and disability, identify any biases or risks, and provide recommendations to mitigate them. Employers are prohibited from using an AEDT if more than a year has passed since its last bias audit, and the bill outlines minimum requirements for these audits, including calculating selection and impact ratios for different demographic groups and specifying the use of training data, with exceptions for using test data when training data is insufficient.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Introduced, Referred to Assembly Science, Innovation and Technology Committee (on 01/13/2026)

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