N.J. Admin. Code § 10:90-1.7

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10:90-1.7 - Nondiscrimination

(a) There shall be no discrimination on grounds of race, creed, color, religion, ancestry, age, sex, national origin, marital, parental, familial or birth status, affectional or sexual orientation, liability for service in the Armed Forces of the United States, nationality or handicap/disability, in accordance with all discrimination laws, including, but not limited to, State and Federal provisions in (b) through (k) below, by the State or the county or municipal agency in the administration of any public assistance program.

(b) The New Jersey Legislature has declared that practices of discrimination against any of its inhabitants, because of race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, handicap, liability for service in the Armed Forces of the United States, or nationality are matters of concern to the government of the State, and that such discrimination threatens not only the rights and proper privileges of the inhabitants of the State but menaces the institutions and foundation of a free democratic State; provided, however, that nothing in this expression of policy prevents the making of legitimate distinctions between citizens and aliens when required by Federal law or otherwise necessary to promote the national interest.

(c) All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, or sex, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right. Additionally, this also shall be construed to prohibit any unlawful discrimination against any person because such person is or has been at any time handicapped or any unlawful employment practice against such person, unless the nature and extent of the handicap reasonably precludes the performance of the particular employment.

(d) In general, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any public assistance program receiving Federal assistance. The Department of Human Services, Division of Family Development or any political subdivisions of the State, or an instrumentality of any state or political subdivision, any public or private agency, institution, or organization, or other entity, or any individual, in any state, to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assignee, or transferee thereof, shall not engage in specific discriminatory actions, directly or through contractual or other arrangements, as follows:

1. Deny an individual any service, financial aid, or other benefit provided under the program;

2. Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the same program;

3. Subject an individual to segregation or separate treatment in any manner related to his or her receipt of any service, financial aid, or other benefit under the program;

4. Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving the same service, financial aid or benefit under the program;

5. Treat an individual differently from others in determining whether he or she satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program;

6. Deny an individual an opportunity to participate in the program through the provision of services or otherwise, or afford him or her an opportunity to do so which is different from that afforded others under the program; or

7. Deny a person an opportunity to participate as a member of a planning or advisory body which is an integral part of the program.

(e) Additionally, the Department of Human Services, Division of Family Development or any other recipient to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assignee, or transferee thereof, directly or through contractual or other arrangements, may not utilize criteria or methods of administration or determine a site location which will have the effect of subjecting individuals to discrimination or have the effect of defeating or substantially impairing accomplishment of the objectives of the program. Where the primary objective of the program is to provide employment, a recipient may not directly or through contractual or other arrangements, subject an individual to discrimination in its employment practices, including recruitment, advertising, employment, layoff, or termination, upgrading, demotion or transfer, rates of pay or other forms of compensation, and use of facilities.

(f) The U.S. Department of Health and Human Services, Office for Civil Rights (OCP) provides in its official guidance on Limited English Proficiency (LEP), OCR Guidance, August 29, 2000, and April 12, 2002, that all recipients of Federal financial assistance, such as State and local agencies, private institutions or organizations, or any public or private individual in health or social services, must ensure that LEP persons are given meaningful opportunities to participate in their programs, services and benefits. Where such language differences prevent meaningful access on the basis of national origin, the law requires that recipient agencies provide oral and written language assistance at no cost to the LEP person. Meaningful access for an LEP person is established by ensuring that the relevant circumstances of the LEP person's situation can be effectively communicated to the service provider and the LEP person is able to understand the services and benefits available and is able to receive those services and benefits for which he or she is eligible in a timely manner. The Office for Civil Rights assesses compliance on a case by case basis, taking into consideration the size of the recipient agency, the size of the eligible LEP population it serves, the nature of the program or service, the objectives of the program, the total resources, the frequency with which languages are encountered and the frequency with which LEP persons come into contact with the program.

(g) In general, no qualified handicapped/disabled person shall, on the basis of handicap/disability, be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 specifically provides that Federal civil rights laws, including Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990, apply to TANF programs. The Americans with Disabilities Act (ADA) protects individuals with physical and mental health problems and learning disabilities. The ADA prohibits discrimination on the basis of disability by both private and public entities, whether or not they receive Federal financial assistance. Both Section 504 and Title II of the ADA cover all states as well as counties and municipalities administering public assistance programs.

(h) Recipients of Federal funding that employ 15 or more persons shall provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills, where necessary to afford such persons an equal opportunity to benefit from the service in question. Section 504 allows recipients of Federal funding that employ less than 15 people to refer individuals with disabilities to another provider if unable to make an accommodation. The Department of Human Services, Division of Family Development or any other recipient to whom Federal financial assistance is extended, in providing any aid, benefit, or service, may not take discriminatory actions, directly or through contractual, licensing, or other arrangements, on the basis of handicap/disability as follows:

1. Deny a qualified handicapped/disabled person the opportunity to participate in or benefit from the aid, benefit, or service;

2. Afford a qualified handicapped/disabled person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

3. Provide a qualified handicapped/disabled person with an aid benefit or service that is not as effective as that provided to others;

4. Provide different or separate aid, benefit, or service to handicapped/disabled persons or to any class of handicapped/ disabled persons unless such action is necessary to provide qualified handicapped/disabled persons with aid, benefits, or services that are as effective as those provided to others;

5. Aid or perpetuate discrimination against a qualified handicapped/disabled person by providing significant assistance to an agency, organization, or person that discriminates on the basis of handicap/disability in providing any aid benefit, or service to beneficiaries of the recipients program;

6. Deny a qualified handicapped/disabled person an opportunity to participate as a member of a planning or advisory board; or

7. Otherwise limit a qualified handicapped/disabled person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving aid, benefit or service.

(i) A recipient of Federal financial assistance may not utilize criteria, use methods of administration or determine a facility site location which has the effect of subjecting a qualified handicapped/ disabled person to discrimination, or that has the purpose or effect of defeating or substantially impairing accomplishment of objectives of the program, or perpetuates the discrimination of another recipient agency. A recipient agency that provides notice concerning benefits or services or written material concerning waivers of rights or consent to treatment shall take such steps as are necessary to ensure qualified handicapped/disabled persons, including those with impaired sensory or speaking skills, are not denied effective notice because of their disability. The county and municipal agencies shall offer the hearing impaired the services of an interpreter. If the client chooses not to avail himself or herself of these services, the client shall sign a certification to that effect.

(j) The Department of Health and Human Services, Office for Civil Rights (OCR) provides in its official guidance, OCR Guidance, January 2001, that the two principles that must be served by all agencies in implementing TANF in compliance with the law are: the individualized treatment of a disabled person, and the provision of an effective and meaningful opportunity to access the services or benefits available. Thus, each agency is required to ensure equal access through the provision of appropriate services; modify policies, practices and procedures to provide such access unless it would result in a fundamental change to the program; and adopt non-discriminatory methods of administering the program. All WFNJ agencies are required to have a written policy on reasonable modifications to avoid discrimination.

(k) In general, no person in the United States shall, on the basis of age, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Department of Human Service, Division of Family Development or any other recipient of Federal financial assistance may not, in any program or activity receiving Federal financial assistance, directly or through contractual, licensing, or other arrangements, use age distinctions or take any other actions which have the effect, on the basis of age, of:

1. Excluding individuals from, denying benefits of, or subjecting them to discrimination under a program or activity receiving Federal financial assistance; or

2. Denying or limiting individuals in their opportunity to participate in any program or activity receiving Federal financial assistance.

(l) A recipient agency of Federal financial assistance is permitted to take action otherwise prohibited or that may have a disproportionate effect on persons of different ages, if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program.

N.J. Admin. Code § 10:90-1.7

Amended by R.2003 d.226, effective 6/16/2003.
See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a).
Designated the existing text as (a); added (b) through (l).