In one paragraph
New Jersey's S3263 would require an employer that asks applicants to take a video interview analyzed by AI to give notice, explain how the AI works and obtain written consent beforehand. Applicant videos could be shared only with necessary service providers and deleted within 30 days on request. Violations would carry civil penalties of $500 for a first offense and $1,000 for each later one. Introduced February 2, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Employers using AI to analyze video interviews would need notice and written consent, deletion on request, demographic reporting, and face $500 to $1,000 penalties.
Key provisions
- Sec. 1a: Before requesting a video interview, the employer must notify the applicant that AI may analyze it, explain how the AI works and what characteristics it evaluates, and get written consent, which may be electronic.
- Sec. 1b-c: Videos may be shared only with service providers needed to evaluate fitness; on request the employer must delete the video within 30 days and instruct recipients to delete copies.
- Sec. 1d-e: An employer using AI to choose who gets an in-person interview must collect race and ethnicity data on applicants and report it annually to the Department of Labor and Workforce Development.
- Sec. 1f: The Department must analyze the data and report annually to the Governor and Legislature on whether it shows racial bias.
- Sec. 1g: Civil penalty of $500 for a first offense and $1,000 for each subsequent offense, collected under the Penalty Enforcement Law of 1999.
- Sec. 2: Takes effect immediately.
Latest legislative action
Feb 2, 2026. Introduced in the Senate, Referred to Senate Labor Committee
Sponsors
| Name | Role | District |
|---|---|---|
| Kristin Corrado R | Sponsor | SD-040 |
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