New Jersey A 2726 Automated Employment Decision Tool Bill: Disclosure Requirements

Disclosure requirements

• transparency→ developerA2726 § 2(a)(4)

  If enacted, the AEDT developer would have to implement the recommendations from the most recent bias audit and issue a press release explaining how those recommendations were implemented.

  Timing: Proposed before sale or use

• disclosure→ deployerA2726 § 2(c)-(e)

  If enacted, an employer or employment agency using an AEDT would have to notify each covered individual at least 10 business days before use through a website employment section, job posting, written policy, U.S. mail, or electronic mail, depending on whether the person is a candidate or employee.

  Timing: Proposed 10 business days before use

• disclosure→ deployerA2726 § 2(f)

  If enacted, an employer using an AEDT would have to provide covered individuals, within 30 days after use, notice that the tool was used, the job qualifications or characteristics assessed, data sources, retention policy, tool name, vendor, and enough adverse-outcome information to contest the employment decision.

  Timing: Proposed within 30 days after use

• transparency→ deployerA2726 § 2(g)

  If enacted, an employer or employment agency would have to publish the most recent bias-audit date and results on its employment website in accessible, machine-readable, downloadable form, keep the summary posted for at least 10 years after the latest AEDT use, and issue a press release when the report is made publicly available.

  Timing: Proposed post for 10 years after latest use