N.J. Stat. tit. 11A, ch. 7

N.J. Stat. tit. 11A, ch. 7
in effect

N.J. Stat. § 11A:7-1 Equal employment opportunity.

11A:7-1. The head of each State agency shall ensure equality of opportunity for all of its employees and applicants seeking employment. Equal employment opportunity includes, but is not limited to, the following areas: recruitment, selection, hiring, training, promotion, transfer, layoff, return from layoff, compensation, and fringe benefits. Equal employment opportunity further includes policies, procedures, and programs for recruitment, employment, training, promotion, and retention of minorities, women, and persons with disabilities. Equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation. The head of each State agency shall explore innovative personnel policies in order to enhance these efforts and where appropriate shall implement them to the fullest extent authorized. Where the implementation of those policies is not authorized, an agency head shall recommend implementation to the appropriate State agency. amended 1991, c.519, s.15; 2017, c.131, s.10.

N.J. Stat. § 11A:7-2 Division of Equal Employment Opportunity and Affirmative Action.

11A:7-2. Division of Equal Employment Opportunity and Affirmative Action. A Division of Equal Employment Opportunity and Affirmative Action is established in the Department of the Treasury. The division shall have all of the powers and shall exercise all of the functions and duties set forth in this chapter, subject to the supervision and control of the State Treasurer. Amended 2008, c.29, s.63.

N.J. Stat. § 11A:7-3 Equal employment opportunity and affirmative action program.

11A:7-3. The division shall develop, implement and administer an equal employment opportunity and affirmative action program for all State agencies. The program shall consider the particular personnel requirements that are reasonably related to job performance of each State agency. The director of the division shall ensure that the affirmative action and equal employment goals of each State agency for minorities, women, and persons with disabilities shall be reasonably related to their population in the relevant surrounding labor market areas. The director, in accordance with applicable federal and State guidelines, shall: a. Ensure each State agency's compliance with all laws and rules relating to equal employment opportunity and seek correction of discriminatory practices, policies and procedures; b. Recommend appropriate sanctions for noncompliance to the State Treasurer who, with the concurrence of the Governor, is authorized to implement sanctions; c. Review State personnel practices, policies, and procedures, inclusive of recruitment, selection, and promotion, in order to identify and eliminate artificial barriers to equal employment opportunity; d. Act as liaison with federal, State, and local enforcement agencies; e. Recommend appropriate legislation to the State Treasurer and perform other actions deemed necessary by the State Treasurer to implement this chapter; and f. Provide, under rules adopted by the Department of the Treasury, for review of equal employment complaints. Such rules shall, at minimum, (1) require that each State agency create a written record of each complaint received and provide a uniform format and procedure for creating and maintaining that record; (2) require that the State agency interview the person submitting the complaint to determine the nature and scope of the complaint; and (3) when the person submitting the complaint is the person against whom the discrimination is alleged to have occurred, require that the State agency notify that person as to whether an investigation into the complaint will be conducted and if not, the basis for such a determination. amended 2008, c.29, s.64; 2017, c.131, s.11; 2019, c.347.

N.J. Stat. § 11A:7-4 Agency goals

11A:7-4. Agency goals. The department shall establish reasonable equal employment and affirmative action goals for State agencies in the form of regulations. L. 1986, c. 112, s. 11A:7-4, eff. Sept. 25, 1986.

N.J. Stat. § 11A:7-5 Department responsibilities.

11A:7-5. The department, through the Division of Equal Employment Opportunity and Affirmative Action, shall: a. Ensure that the pool of applicants for all vacant positions in State agencies includes minorities, women, and persons with disabilities so that affirmative action goals are attainable through agency selection decisions; b. Undertake a comprehensive review of its rules, regulations, and testing procedures in order to amend or eliminate those which serve to discriminate against minorities, women, and persons with disabilities; c. Ensure that selection devices do not discriminate against minorities, women, and persons with disabilities; d. Analyze job specifications to isolate and eliminate prerequisites that are artificial barriers to employment; e. Review all discrimination complaints under Title VII of the Civil Rights Act of 1964, Pub.L. 88-352 (42 U.S.C. s.2000e et seq.), evaluate trends, and recommend appropriate policy changes; and f. Receive, analyze and transmit to the Governor, at least semi-annually, progress reports on affirmative action in all State agencies. Amended 2017, c.131, s.12.

N.J. Stat. § 11A:7-6 Agency affirmative action officer.

11A:7-6. Agency affirmative action officer. The head of each State agency shall appoint at least one person with the responsibility for equal employment opportunity as the affirmative action officer. Unless otherwise permitted by the director with the approval of the State Treasurer, such person shall serve on a full-time basis and shall be responsible to the Division of Equal Employment Opportunity and Affirmative Action. Amended 2008, c.29, s.65.

N.J. Stat. § 11A:7-7 Agency accountability for affirmative action plan

11A:7-7. Agency accountability for affirmative action plan. The head of each State agency shall be accountable to the Governor for achieving and maintaining agency compliance with the affirmative action program. L. 1986, c. 112, s. 11A:7-7, eff. Sept. 25, 1986.

N.J. Stat. § 11A:7-8 Agency affirmative action plan

11A:7-8. Agency affirmative action plan. Each State agency shall submit an affirmative action plan with goals and timetables plus quarterly and annual affirmative action reports to the director. Each affirmative action plan shall identify existing inequities in hiring, promotion, and all other conditions of employment and provide specific remedies for these inequities and establish the time periods for the accomplishment of remedial action. Each State agency shall make good faith efforts to meet its goals and timetables. L. 1986, c. 112, s. 11A:7-8, eff. Sept. 25, 1986.

N.J. Stat. § 11A:7-9 Agency failure to achieve affirmative action goals; penalties.

11A:7-9. Agency failure to achieve affirmative action goals; penalties. If there is a failure by a State agency to achieve its affirmative action goals or to demonstrate good faith efforts, appropriate sanctions and penalties may be imposed by the department in accordance with federal and State regulations, subject to the concurrence of the Governor and the State Treasurer. These sanctions may include, but are not limited to, placing a moratorium on departmental personnel actions in the career, senior executive and unclassified services, and such other sanctions as may be allowed by law. Amended 2008, c.29, s.66.

N.J. Stat. § 11A:7-10 Citation by governor for attaining affirmative action results

11A:7-10. Citation by Governor for attaining affirmative action results. State agencies which achieve outstanding affirmative action results shall be cited by the Governor for their efforts. L. 1986, c. 112, s. 11A:7-10, eff. Sept. 25, 1986.

N.J. Stat. § 11A:7-11 Equal Employment Opportunity Advisory Commission; creation.

11A:7-11. Equal Employment Opportunity Advisory Commission; creation. There is established in the Department of the Treasury an Equal Employment Opportunity Advisory Commission, which shall advise the Division of Equal Employment Opportunity and Affirmative Action and recommend improvements in the State's affirmative action efforts. Amended 2008, c.29, s.67.

N.J. Stat. § 11A:7-12 Equal Employment Opportunity Advisory Commission.

11A:7-12. The Equal Employment Opportunity Advisory Commission shall consist of 11 members appointed by the Governor, at least six of whom shall be minorities, women, and persons with disabilities. Consideration shall be given to appropriate representation of each group. The remaining members of the commission may be comprised of State agency heads or their designated representatives. All members of the commission shall be residents of the State. Members shall be appointed for staggered terms of four years. Each member shall hold office for the term of the appointment and until a successor is appointed. Members may not serve more than two consecutive terms. A vacancy in the membership of the commission shall be filled by appointment by the Governor for the remainder of the term. The commission shall meet at least quarterly to review implementation of this chapter. The Director of the Division of Equal Employment Opportunity and Affirmative Action shall serve as executive secretary. Amended 2017, c.131, s.13.

N.J. Stat. § 11A:7-13 Accommodation for persons with disabilities; waiver of examination.

11A:7-13. The commission may establish procedures for the reasonable accommodation of persons with disabilities in the employee selection process for the State and the political subdivisions covered by this title. Pursuant to rules adopted by the Civil Service Commission, the commission may waive an examination for an applicant who has a physical, mental, or emotional injury, impairment, or disability which: a. Makes it physically or psychologically not practicable for that person to undergo the testing procedure for the title for which applied, but b. Does not prevent that person from satisfactorily performing the responsibilities of the title under conditions of actual service; and c. In making such determination, the commission may require the submission of sufficient and appropriate medical documentation. amended 2008, c.29, s.68; 2017, c.131, s.14.

N.J. Stat. § 11A:7-13.1 Findings, declarations.

1. The Legislature finds and declares that persons with significant disabilities are an underrepresented and overlooked segment of the labor pool for consideration in public employment. The State should establish a fast track hiring and advancement employment opportunity program for qualified persons with significant disabilities. The program would enable appointing authorities to more effectively and efficiently hire, promote, retain, and advance qualified individuals whose physical or mental impairments impact their ability to participate in the competitive hiring and promotion process within the State workforce. L.2021, c.465, s.1.

N.J. Stat. § 11A:7-13.2 Fast track hiring, advancement process developed, qualified persons with significant disabilities.

2. The Civil Service Commission's Division of Equal Employment and Opportunity and Affirmative Action shall develop a fast track hiring and advancement process for qualified persons with significant disabilities. "Person with significant disabilities" means a person whose physical or mental impairments impact the ability to participate in the competitive hiring and promotion process within the State workforce. L.2021, c.465, s.2.

N.J. Stat. § 11A:7-13.3 Guidelines, criteria.

3. The Civil Service Commission's Division of Equal Employment and Opportunity and Affirmative Action shall provide guidelines for the determination of qualification as a qualified person with significant disabilities. The guidelines may include a person who: a. was or is currently a client of the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development; b. meets the eligibility requirements to receive Social Security Disability Insurance or Supplemental Security Income on the basis of a disability, including a person who is eligible to participate in the federal Ticket to Work program authorized under the Social Security Administration; c. qualifies for appointment under the Office of Personnel Management, Schedule A Excepted Service Hiring on the basis of a disability, Section 213.3102(u) of Title 5, Code of Federal Regulations; d. qualifies for services, supports, or benefits under programs administered by the Division of Developmental Disabilities or the Division of Mental Health and Addiction Services in the Department of Human Services; e. notwithstanding any law, rule or regulation to the contrary regarding civil service veteran benefits, meets the eligibility requirements for services, supports, or benefits under a program for disabled veterans administered by the United States Department of Veterans Administration or the State; or f. meets the eligibility requirements for services, supports, or benefits under a program administered by an agency of the State that has been determined by the administrator as comparable to a program described in paragraphs a. through e. of this section. L.2021, c.465, s.3.

N.J. Stat. § 11A:7-13.4 Appointing to an unclassified service position, noncompetitive temporary, permanent position in civil service.

4. a. The appointing authority of a State agency may appoint a qualified person with significant disabilities to an unclassified service position, or a noncompetitive temporary position or noncompetitive permanent position in the career service of civil service, in accordance with the provisions of this act, P.L.2021, c.465 (C.11A:7-13.1 et seq.), and Title 11A of the New Jersey Statutes. The appointing authority shall require proof of the person's significant disability prior to making an appointment. The appointing authority shall accept as proof of significant disability a letter or other official certification from the Division of Rehabilitation Services that the individual meets the criteria set forth in paragraph a. of section 3 of this act. b. A qualified person with significant disabilities shall be eligible for appointment to an unclassified temporary position or a noncompetitive temporary position in the career service of civil service when the appointing authority determines that: (1) the person is certified as eligible for appointment in the unclassified service or noncompetitive career service pursuant to this section; and (2) it is necessary to observe the person on the job to establish that the person is able to perform the duties of the position. The appointing authority may, with the approval of the Civil Service Commission, convert an unclassified service temporary appointment or a noncompetitive career service temporary appointment to a permanent appointment when it is determined that the person provided the required proof of eligibility for appointment pursuant to this section and is likely to succeed in the performance of the duties of the position. c. A person with significant disabilities shall be eligible for appointment to a noncompetitive permanent position in the career service of civil service when the appointing authority determines that: (1) the person is certified as eligible for appointment in the noncompetitive career service pursuant to this section; and (2) the person is likely to succeed in performing the duties of the position. d. In determining whether the person is likely to succeed in performing the duties of the position, the appointing authority shall rely upon the person's employment history and performance, as appropriate, education, and other relevant experience. e. Appointments to an unclassified service or a noncompetitive career service position shall be subject to the working test period in accordance with Title 11A of the New Jersey Statutes. The appointing authority shall provide a temporary employee with progress reports at such times during the working test period as provided by rules of the Civil Service Commission, and a final progress report at the end of the entire working test period shall be provided to the employee, the division, and the commission. L.2021, c.465, s.4.

N.J. Stat. § 11A:7-13.5 Request for an interview; eligibility, qualifications.

5. A person with significant disabilities applying for appointment in the State workforce under this act, P.L.2021, c.465 (C.11A:7-13.1 et seq.), who is denied an interview for appointment in the unclassified service or career service of civil service, shall be provided the opportunity to request an interview. If an interview is requested, the appointing authority shall provide the candidate with a good faith interview. The request for an interview shall be kept confidential. To be eligible to request an interview, the person shall provide proof of eligibility and qualification for appointment pursuant to the provisions of this act. Written proof of the eligibility and qualification shall be provided to the appointing authority with the written request for an interview. L.2021, c.465, s.5.

N.J. Stat. § 11A:7-13.6 Findings, declarations.

1. The Legislature finds and declares that persons with disabilities are an underrepresented and untapped segment of the labor pool for consideration in public employment. As New Jersey's largest employer, the State should promote the awareness of persons with disabilities as a valued employee resource and work to attract, engage, and retain people with disabilities in the State workforce. It is appropriate that the State move toward becoming a model employer of persons with disabilities. L.2021, c.466, s.1.

N.J. Stat. § 11A:7-13.7 State as a Model Employer of People with Disabilities program developed; purpose, responsibilities.

2. a The Division of Equal Employment Opportunity and Affirmative Action shall, in consultation with the Civil Service Commission, develop a State as a Model Employer of People with Disabilities, SAME, program which shall be implemented by each State agency. The purpose of the SAME program shall be to increase awareness of employment opportunities for persons with disabilities, provide appropriate avenues and remove barriers to the application and hiring process, and create mechanisms to increase advancement and retention rates for persons with disabilities employed in the State workforce. The Affirmative Action Officer of each State agency shall oversee the SAME program for that State agency. Each State agency shall provide for sufficient and qualified staff and sufficient resources and funding for the SAME program, including, as appropriate, the appointment of a disability program manager, selective placement program coordinator, and stay-at-work and return-to-work coordinator. b. At a minimum, and as appropriate, the SAME program shall: (1) review existing recruitment, hiring, advancement, and retention policies and procedures applicable to persons with disabilities, including an analysis of barriers to employment; (2) establish goals for the hiring and recruitment of persons with disabilities, maintain records of the progress towards achieving and maintaining the established goals, and maintain and report on demographic data related to disability status for applicants and employees; (3) use fast track hiring and advancement authority that permits State agencies to consider disability status during the hiring and advancement process; (4) establish mentoring, internship, or similar work-based learning experiences for persons with disabilities; (5) provide an opportunity for a qualified individual with a disability to request a mandatory interview, which shall be kept confidential and separate from the agency employment applications; (6) include a centralized accommodation program to consolidate subject matter expertise necessary to assess, evaluate, and implement effective and meaningful accommodations and funding streams for accommodations; (7) establish a recruitment and referral program that connects the State agency with college students and recent graduates with disabilities; (8) utilize web-based application portals that are accessible to and usable by persons with disabilities; and (9) provide for quarterly progress reports to the director of the State agency, the Director of the Division of Equal Employment Opportunity and Affirmative Action, and the Chief Executive Officer of the Civil Service Commission, which shall be publicly available and posted on the division's website. c. For purposes of the records required to be maintained under paragraph (2) of subsection b. of this section, an applicant or employee may be classified as a person with a disability on the basis of the person's self-identification as a person with a disability on a form created by the division for such purpose. The division may also classify an individual with a disability on the basis of records relating to the individual's request for reasonable accommodation and records related to the individual's appointment under a hiring authority that takes disability into account. The form shall state that the information collected will be kept confidential, used only for statistical purposes, and that completion of the form is voluntary. d. "State agency" means any State department, and any authority, commission, office, department, division, bureau, board, or any other agency or instrumentality thereof, including institutions of higher education. L.2021, c.466, s.2.

N.J. Stat. § 11A:7-13.8 Report to Governor, Legislature.

3. A biannual report shall be prepared and distributed to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), by the Division of Equal Employment Opportunity and Affirmative Action. The report shall include ongoing barriers to employment, progress made towards increasing the number of persons with disabilities employed by the State and each State agency, retention rates of persons with disabilities employed by the State and each State agency, and plans for expanding and improving employment opportunities in the upcoming year. The report may include recommendations for legislation. L.2021, c.466, s.3.

N.J. Stat. § 11A:7-14 Additional training for public employees responsible for managing and investigating complaints of harassment or discrimination.

1. a. The Civil Service Commission, in consultation with the Department of Law and Public Safety, shall take such actions as are necessary to ensure that any State employee responsible for managing and investigating complaints of harassment or discrimination shall receive additional training by the New Jersey Attorney General's Advocacy Institute, or another organization with expertise in response to and prevention of sexual violence. The training conducted by the institute or another organization pursuant to this section shall be conducted in consultation with the New Jersey Coalition Against Sexual Assault. Each State employer shall provide to the commission a list of persons who need such additional training. Each State employee who receives such additional training shall complete a refresher course every three years. The State employee shall complete an evaluation form before the training session commences and an evaluation form at the completion of each training session. At least once a year, each State employer shall provide to the commission a report on the number of employees who received training and a summary of the completed pre and post-evaluation forms. As used in this section: "State" means all branches of State Government, and any authority, commission, office, department, division, bureau, board, or any other agency or instrumentality thereof, including institutions of higher education. b. The Civil Service Commission shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act. L.2019, c.348, s.1.

N.J. Stat. § 11A:7-15 Toll-free telephone hotline for State employees to report incidents of discrimination, harassment in the workplace.

1. Within 60 days of the effective date of P.L.2019, c.508, the Civil Service Commission shall establish and maintain a toll-free telephone hotline available, at a minimum, weekdays between 8:30 a.m. and 5:30 p.m. through which an employee of any State agency may report confidentially a suspected incident of discrimination or harassment in the workplace. The hotline shall be operated separately from any existing State telephone hotline service. The hotline shall receive such reports and shall respond to each report with general or individualized information regarding the laws, regulations, policies, and procedures relevant to incidents of discrimination or harassment in the workplace. Upon the request of an employee who calls the hotline, the hotline shall provide the employee with appropriate referrals for further assistance and counseling. To ensure the integrity of the telephone hotline and to encourage employees to utilize it, the commission shall provide for the confidentiality of the names of the employees calling and any individual named or otherwise identified during a call, the information discussed with each employee, and any referrals made for further assistance or counseling. A report may be submitted by an employee anonymously. The commission shall inform the caller of the extent to which confidentiality will be maintained in accordance with law. The commission shall take appropriate steps to publicize the hotline. The persons staffing the hotline shall be trained by the Civil Service Commission , in consultation with the New Jersey Coalition Against Sexual Assault. To the greatest extent possible, the persons staffing the hotline shall have experience or education on the laws, regulations, policies, and procedures regarding discrimination and harassment in the workplace. The persons staffing the hotline shall be trained to make referrals for further assistance and counseling. The commission shall prepare an annual report summarizing the volume and nature of calls received and any other information required by the commission, provided that the report shall not contain any personal or identifying information about any caller or individual named or otherwise identified during a call. The commission shall make this report available to the public on the commission's Internet site in an easily accessible location and submit the report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. L.2019, c.508.

N.J. Stat. § 11A:7-16 Civil service law enforcement mentoring program; establishment, maintenance.

1. a. Notwithstanding any law, rule, or regulation to the contrary, the Civil Service Commission shall establish and maintain a mentoring program for civil service law enforcement applicants who reside in a municipality with a median income at or below 250 percent of the federal poverty level. The program shall be expanded to minority applicants if the results of a properly conducted disparity study demonstrate particularized findings of past discrimination and the program is narrowly tailored to remedy that past discrimination. The purpose of the mentoring program shall be to assist law enforcement applicants through the civil service application and selection process and to help address obstacles unique to their circumstances. The program may be conducted through mentoring projects, including workshops, group discussions, and dissemination of information about civil service practices which provide assistance in overcoming barriers to employment. The program shall be designed to provide a mentor to an applicant for the duration of the exam cycle, until the mentee completes the hiring process. b. As used in this act: "Mentee" means a civil service law enforcement applicant participating in the mentoring program established pursuant to subsection a. of this section. "Mentor" means a volunteer who agrees to participate in the mentoring program established pursuant to subsection a. of this section. A mentor may be a current law enforcement officer in good standing who obtained the current law enforcement position through the civil service process, a former law enforcement officer who retired or resigned in good standing who obtained the law enforcement position through the civil service process, or any other person deemed appropriate by the Civil Service Commission. c. The Civil Service Commission shall develop criteria to determine eligibility in the mentoring program as a mentor and as a mentee. Monies shall not be provided to a mentor to participate in the program and fees shall not be charged to a mentee to participate in the program. When possible, the mentor shall be of the same racial or ethnic background as the mentee. d. A mentor or mentee may be removed from the program for good cause as determined by the Civil Service Commission. A mentee shall be removed from the program upon the mentee's acceptance of an offer of employment. An applicant may participate in the program as a mentee a maximum of three times within a 10-year period. After successfully completing the program, a former mentee may be eligible to participate in the program as a mentor. e. At least once a year, the Civil Service Commission shall review the mentoring program for its efficacy, and make any necessary adjustments to continue to meet the needs and purpose of the program. f. The Civil Service Commission shall develop rules and regulations to effectuate the purposes of P.L.2021, c.235. L.2021, c.235.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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