In one paragraph
New Jersey's A3855, as introduced, would bar an employer or employment agency from using an automated employment decision tool (AEDT) if more than one year has passed since its last independent bias audit, require audits by sex, race/ethnicity and intersectional categories, and require posted audit results and candidate notice at least 10 business days before use; it sets no penalties. Introduced February 22, 2024. The Assembly Science, Innovation and Technology Committee reported an Assembly Committee Substitute on May 16, 2024, whose text is not described here. A bill of the Legislature's 2024-2025 session, which ended January 13, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
As introduced: employers and employment agencies using AEDTs for employment decisions would need an independent bias audit within the past year, public posting and candidate notice. No penalties in the introduced text.
Key provisions
- Section 1: defines AEDT, bias audit, independent auditor (not involved with the tool or financially tied to its user or vendor), impact ratio, selection rate and scoring rate.
- Section 2: no use of an AEDT more than one year after its latest bias audit; audits must report impact ratios by sex, race/ethnicity and intersectional categories; categories under 2% may be excluded with justification.
- Section 3: audits must use the tool's historical data; test data allowed only if historical data is insufficient, with an explanation.
- Section 4: before use, post the audit date, results summary and distribution date on the employment webpage, and keep them up at least six months after last use.
- Section 5: give candidates notice at least 10 business days before use, with instructions to request an alternative process or accommodation; post data retention policy, data types and sources, and answer written requests within 30 days.
- Section 6: takes effect on the first day of the seventh month after enactment; the introduced text has no penalty or enforcement provision. (Describes the bill as introduced; the May 16, 2024 committee substitute changed the audit-data rules.)
Latest legislative action
May 16, 2024. Reported from Assembly Committee as a Substitute, 2nd Reading
Sponsors
| Name | Role | District |
|---|---|---|
| Balvir Singh D | Sponsor | HD-007 |
Roll call votes
A Assembly Science, Innovation and Technology Committee: Reported with Substitution May 16, 2024
5 yea0 nay2 otherPassed
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error