In January 2025, the New Jersey Division on Civil Rights (DCR) issued guidance explaining the New Jersey Law Against Discrimination (LAD) applies equally to decisions made with the assistance of artificial intelligence (AI). Employers cannot avoid liability because an algorithm, not a person, made or influenced an employment decision is the message.

What Is Algorithmic

Employers frequently retain outside counsel to investigate workplace complaints involving harassment, discrimination, retaliation, or other sensitive employment issues. A common question that follows is whether the attorney’s notes, communications, draft reports, and other investigative materials must later be produced if litigation ensues.

In C.S. v. Brick Recycling Company, Docket No. A-0628-25, approved for publication on

AI tools offer a multitude of potential benefits in the workplace. They can also create significant legal, privacy, and cybersecurity risk if not properly managed. Adopting an employee AI Acceptable Use Policy can help manage that risk.  

Below are five key reasons why HR professionals and in-house counsel should prioritize the development of an