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.
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