N.J. Admin. Code § 17:27-7.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 17:27-7.4 - Criteria for determining good faith efforts of construction contractors and subcontractors

(a) In addition to the contractor or subcontractor's compliance with the requirements set forth in the mandatory language at N.J.A.C. 17:27-3.8, the Department shall consider the following factors in its determination of whether a contractor or subcontractor has acted in good faith.

1. Whether the contractor or subcontractor has agreed to make a good faith effort to adhere to minority and women targeted employment goals;

2. Whether the contractor or subcontractor has met or documented that it has made a good faith effort to meet targeted employment goals;

3. Whether the contractor or subcontractor has adopted an Equal Employment Opportunity (EEO) Policy;

4. Whether the contractor or subcontractor has posted an EEO Policy on the job site bulletin board;

5. Whether the contractor or subcontractor has disseminated the EEO Policy to its workers through various means including company meetings, preconstruction job meetings, written notices, etc.;

6. Whether the contractor or subcontractor has posted Federal or State issued EEO posters on the job site bulletin board;

7. Whether the contractor or subcontractor has identified an EEO Officer and established job duties in writing for such position;

8. Whether the contractor of subcontractor has developed a basic complaint procedure;

9. Whether the contractor or subcontractor has knowledge of and has considered the general availability of minorities and women having requisite skills in the immediate labor area;

10. Whether the contractor or subcontractor has knowledge of and has considered the percentage of minorities and women in the total workforce in the immediate labor area;

11. Whether, when the opportunity has presented itself, the contractor or subcontractor has considered promoting minority and women employees within its organization;

12. Whether the contractor or subcontractor attempted to hire minorities and women based upon the anticipated expansion, contraction and turnover of its workforce;

13. Whether the contractor or subcontractor has the ability to consider undertaking training as a means of making all job classifications available to minorities and women and whether it has done so;

14. Whether the contractor or subcontractor has utilized the available recruitment resources to attract minorities and women with requisite skills, including but not limited to public and private training institutions, job placement services, referral agencies, newspapers, trade papers, faith-based organizations, and community-based organizations;

15. Whether the contractor or subcontractor has requested qualified minorities and women from a labor union with whom it has an exclusive hiring or referral arrangement;

16. Whether the contractor or subcontractor has actively recruited beyond the traditional sources to attract minority and women applicants;

17. Whether the contractor or subcontractor has reviewed all personnel actions to ensure actions are taken in compliance with the company's EEO policy; and

18. Whether the contractor or subcontractor has retained records of employment and personnel actions and payroll records for a three year period from the date of the contract or project closing.

N.J. Admin. Code § 17:27-7.4

Amended by 49 N.J.R. 2968(b), effective 9/5/2017