New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S1402

Introduced
2/10/22  

Caption

Prohibits certain discrimination by automated decision systems.

Impact

If enacted, S1402 would modify existing laws concerning discrimination, supplementing the New Jersey Law Against Discrimination. It would establish clear prohibitions against the use of algorithms and artificial intelligence in ways that lead to unfair treatment of individuals who are members of designated protected classes. By integrating these protections, the bill aims to foster equitable access to financial and healthcare services, addressing potential biases inherent in automated systems.

Summary

Senate Bill S1402, introduced by Senator Nia H. Gill, aims to prohibit discrimination by automated decision systems in New Jersey. Specifically, the bill targets automated processes used by financial institutions and health care providers, ensuring that these systems do not disproportionately select individuals from protected classes—for example, based on race, gender identity, or disability. This initiative is set against the backdrop of increasing reliance on algorithm-driven decision-making, particularly in critical services like loan approvals, insurance underwriting, and medical care.

Contention

There may be points of contention surrounding the implementation of this legislation. Opponents might express concerns regarding the practicality of overseeing automated systems to ensure compliance without stifling technological advancements or increasing operational costs for businesses. Supporters, however, contend that failing to regulate these systems lays the groundwork for systemic discrimination, potentially undermining the fundamental principles of equality and fairness in civic life.

Companion Bills

No companion bills found.

Previously Filed As

NJ A2726

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

NJ HB1514

Employment decisions; automated decision systems, civil penalty.

NJ SB947

An act to add Part 5.5.5 (commencing with Section 1520) to Division 2 of the Labor Code, relating to employment.

NJ SB7

Employment: automated decision systems.

NJ A3736

Prohibits gender-based price discrimination.

NJ HB1421

Ban on employer use of automated decision systems.

NJ SB1248

State agencies: automated decision systems.

NJ S4279

Provides disparate impact based on automated decision system as cause of action for certain consumers.

NJ SB430

Local agencies: automated decision systems.

NJ SF4689

Use of automated decision systems in employment settings regulation

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NE LB538

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