New Jersey Attorney General Matthew Platkin and the Division on Civil Rights (DCR) announced the adoption of comprehensive new rules codifying the prohibition against disparate impact discrimination under the New Jersey Law Against Discrimination (LAD). The rules, published in the New Jersey Register on December 15, 2025, clarify legal standards for disparate impact liability in employment, housing, public accommodations, financial lending, and contracting, including the use of artificial intelligence in employment contexts. The rules do not create new liability but provide clarity on existing LAD protections amid federal rollbacks of disparate impact standards.
In-house legal teams should review employment agreements, vendor contracts for automated hiring or artificial intelligence tools, housing provider service agreements, public accommodation terms, and government contractor bid documents to ensure compliance with New Jersey’s new disparate impact rules under the LAD. Key clauses to examine include hiring screening criteria (criminal history, credit score requirements), AI and automated decision-making tool representations and warranties, dress code or appearance policies, religious accommodation provisions, contractor bid selection criteria, and minimum income requirements for housing. Teams should verify that all neutral policies include less discriminatory alternatives and do not disproportionately impact protected classes, and that vendor agreements for AI tools require vendors to certify their tools do not produce unlawful disparate impact based on protected characteristics.
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OtherOfficial Press Release
https://www.njoag.gov/ag-platkin-announces-division-on-civil-rights-adopts-landmark-rules-on-disparate-impact-discrimination-under-new-jersey-law/
DCR Disparate Impact Discrimination Rules 13 16 12.15.2025
https://www.njoag.gov/wp-content/uploads/2025/12/DCR-Disparate-Impact-Discrimination-Rules-13_16-12.15.2025.pdf
DI Burden Shifting Flowchart
https://www.njoag.gov/wp-content/uploads/2025/12/DI-Burden-Shifting-Flowchart.pdf
N.J.A.C. 13 16 Disparate Impact Discrimination
https://www.njoag.gov/wp-content/uploads/2025/12/N.J.A.C.-13-16-Disparate-Impact-Discrimination.pdf
New Jersey Attorney General Enforcement Page
https://www.njoag.gov/about/divisions-and-offices/division-of-consumer-affairs/
"AG Platkin Announces Division on Civil Rights Adopts Landmark Rules on Disparate Impact Discrimination Under New Jersey Law"
"The adoption was published in the New Jersey Register on December 15, 2025."
"New Jersey Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today"
"codify the prohibition against disparate impact discrimination under the New Jersey Law Against Discrimination (LAD)"
"the New Jersey Division on Civil Rights enforces the New Jersey Law Against Discrimination, the New Jersey Family Leave Act, and the Fair Chance in Housing Act"
"The new rules can be found at N.J.A.C. 13:16"
The press release is a weekly roundup of Virginia Attorney General Jay Jones' activities, including updates on vape legislation, joining a 22-state coalition opposing a USPS firearm mailing proposal, filing emergency appeals to the U.S. Supreme Court regarding redistricting, commencement speeches, and Law Day events. No privacy-related enforcement actions are documented.
Connecticut Attorney General William Tong praised final passage of House Bill 5312, which creates new civil enforcement mechanisms for deepfake digital sexual assault. The legislation allows the AG to pursue civil injunctions and penalties against platforms that disseminate illegal synthetic intimate images, including AI-generated child pornography, and establishes a private right of action for victims. The bill builds on prior Connecticut laws criminalizing unauthorized dissemination of intimate images.
The FTC is seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM) to amend the Negative Option Rule, which governs prenotification negative option marketing plans. The rulemaking aims to address deceptive or unfair practices including misleading disclosures, unauthorized billing, and difficult cancellation processes, following over 100,000 consumer complaints about negative option practices in the past five years. Comments will be accepted for 30 days after the ANPRM is published in the Federal Register.
$100K
New Jersey Attorney General Jennifer Davenport and the Division of Consumer Affairs announced a Consent Order with King Distribution LLC and 17 related retail smoke shops, resolving allegations that the companies illegally sold flavored vapor products in violation of New Jersey’s consumer protection laws. The Consent Order imposes a $100,000 civil penalty, requires reimbursement of $22,279 in investigation costs, and prohibits the companies from selling or distributing flavored vapor products in New Jersey. The enforcement action is part of New Jersey’s ongoing efforts to protect youth from flavored vape products, which have been permanently banned in the state since January 2020.
The New Jersey Bureau of Securities issued a Cease and Desist Order on April 30, 2026, against Titan Macro Finance for operating an investment fraud scheme via WhatsApp and Instagram that defrauded at least one New Jersey investor of $64,000. The scheme involved unregistered broker-dealer activity, fake trading profits, and undisclosed fees to access investor funds. The action was coordinated with the California Department of Financial Protection and Innovation, which issued a similar order against the entity for violating California’s Commodity Code.
New Jersey Attorney General Jennifer Davenport and the Bureau of Securities issued a public warning to state residents about fraudulent investment schemes proliferating on Meta-owned platforms including Facebook, Instagram, and WhatsApp. The alert details common scam tactics such as pump-and-dump schemes, confidence scams, and fraudulent cryptocurrency offerings, and provides tips for residents to avoid victimization. No enforcement action against any entity was announced in this release.