Regulates use of artificial intelligence-enabled video interview in hiring process.

S3263

SENATE, No. 3263

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� Regulates use of artificial intelligence-enabled
video interview in hiring process.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the use of artificial intelligence in the
hiring process and supplementing Title 34 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� An employer in the
State that requests applicants to record video interviews and uses an
artificial intelligence analysis of the applicant-submitted video shall, prior
to making the request for a video interview:

���� (1)�� notify an applicant
before the interview that artificial intelligence may be used to analyze the
applicant�s video interview and consider the applicant�s fitness for the
position;

���� (2)�� provide an applicant
with information before the interview explaining how the artificial
intelligence works and what general types of characteristics it uses to
evaluate applicants; and

���� (3)�� obtain, before the
interview, written consent, which may be electronic, from the applicant to be
evaluated by the artificial intelligence program as described in the
information provided.

���� An employer shall not use
artificial intelligence to evaluate an applicant who has not consented to the
use of artificial intelligence analysis.

���� b.��� An employer shall not
share an applicant�s video except with a service provider whose expertise or
technology is necessary to evaluate the applicant's fitness for a position.

���� c.���� Upon request from the
applicant, an employer, within 30 days after receipt of the request, shall
delete an applicant's interviews and instruct any other persons who received
copies of the applicant�s video interviews to also delete the videos, including
all electronically generated backup copies. �Any other person or service
provider shall comply with the employer's instructions.

���� d.��� An employer that uses an
artificial intelligence analysis of a video interview to determine whether an
applicant will be selected for an in-person interview shall collect and report
the following demographic data:

���� (1)�� the race and ethnicity
of applicants who are and are not afforded the opportunity for an in-person
interview after the use of artificial intelligence analysis; and

���� (2)�� the race and ethnicity
of applicants who are offered a position or hired.

���� e.���� The demographic data
collected under subsection d. of this section shall be reported annually to the
Department of Labor and Workforce Development.�

���� f.���� The Department of Labor
and Workforce Development shall analyze the data reported in accordance with
subsection e. of this act and report to the Governor and the Legislature, as
provided pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), each year
whether the data discloses a racial bias in the use of artificial intelligence.

���� g.��� A person who violates
any provision of this act shall be liable for a civil penalty of $500 for a
first offense and $1,000 for any subsequent offense.� The civil penalty shall
be collected pursuant to the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.).

���� h.��� As used in this section,
�employer� means any person, firm, business, educational institution, nonprofit
agency, corporation, limited liability company, or other entity that employs
employees in the State.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides that an
employer that uses an artificial intelligence analysis of an
applicant-submitted video is required to notify an applicant before the
interview that artificial intelligence may be used to analyze the applicant's video
interview and consider the applicant's fitness for the position.� The bill also
requires an employer to provide an applicant with information before the
interview explaining how the artificial intelligence works and what
characteristics it uses to evaluate applicants and obtain consent from the
applicant to be evaluated by the artificial intelligence program.� An employer
may not use artificial intelligence to evaluate an applicant who has not
consented to the use of artificial intelligence analysis.�

���� Additionally, the bill provides
that an employer may not share applicant videos except with persons or service
providers whose expertise is necessary in evaluating an applicant. �Upon
request from the applicant, an employer is required to delete all copies of an
applicant's interview within 30 days. �

���� The bill requires an employer
that uses an artificial intelligence analysis of a video interview to collect
and report demographic data to the Department of Labor and Workforce
Development (department).� The department will report to the Governor and the
Legislature whether the data discloses a racial bias in the use of artificial
intelligence.

���� The bill provides for civil
penalties to be collected for violations of its provisions.