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Sunday, June 8, 2025

AI in the Workplace Series - Part 3: Artificial Intelligence in Employment: How States Surrounding Pennsylvania are Approaching the Legal Landscape - JD Supra

This article is the third installment in our AI in the Workplace series. In Part 2: From Harrisburg to the White House, Allyson Lonas explored the growing legal uncertainty surrounding artificial intelligence (“AI”) adoption in employment practices, highlighting Pennsylvania’s early efforts to regulate AI and the broader federal and state landscape. In this article, we focus on how Pennsylvania’s neighboring states are approaching AI in employment — offering a comparative view that underscores the patchwork of emerging legal obligations across state lines.

As Pennsylvania considers how to regulate and approach artificial intelligence (“AI”), some nearby states are already taking action. This article summarizes to date the key legal developments in New Jersey, New York, Maryland, Delaware, Ohio, and West Virginia — all states that border the Commonwealth — and the implications for employers in the region facing a growing patchwork of legal obligations across state lines. Here’s a quick look at how states surrounding Pennsylvania are tackling AI in employment.

In January 2025, the New Jersey Attorney General and the Division on Civil Rights issued guidance clarifying how the New Jersey Law Against Discrimination (“NJLAD”) applies to the use of automated decision-making tools in the workplace. The guidance affirms that employers may be held liable for unlawful outcomes resulting from algorithmic discrimination — even where there was no discriminatory intent and the tool was...



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