N.J. Admin. Code § 13:11-1.5

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

Section 13:11-1.5 - Ruling by Division on bona fide occupational qualifications for particular jobs

(a) Any employer, union, employment agency, newspaper, or other publication may make an inquiry of the Division on Civil Rights (at (609) 984-3138, 140 East Front Street, PO Box 89, Trenton, New Jersey 08625-0089) as to whether race, creed, color, national origin, ancestry, nationality, age, sex, affectional or sexual orientation, gender identity or expression, disability, liability for service in the Armed Forces of the United States, domestic partnership status, civil union status, or marital status is a bona fide occupational qualification for a particular job which they intend to publish, print, or circulate or cause to be published, printed, or circulated. If an inquiry is made with respect to a specific advertisement, the entity making the inquiry shall supply a copy of the advertisement the entity seeks to publish.

(b) The Division shall give opinions in response to such inquiries as soon as practicable following receipt of all relevant material and information in connection with the inquiry.

(c) An opinion rendered orally or in writing by the Division prior to the publication of any advertisement in response to such an inquiry shall be binding for the purpose of these provisions, except in those instances in which the inquiry has not fully and accurately disclosed the relevant facts regarding the particular job or advertisement in question.

(d) The Division shall maintain records as to each inquiry made pursuant to this section, to include the name, title and address of the caller, a summary of the job and job duties, the basis for the exception claimed and the time, date, identification number and disposition of the inquiry.

(e) A newspaper or other publication shall not be in violation of this chapter where it has accepted any specific advertisement in good faith and in reasonable reliance upon the representations of the person placing the advertisement that he or she has obtained from the Division an opinion that there is a bona fide occupational qualification for the specific job advertised together with the identification number of that opinion.

N.J. Admin. Code § 13:11-1.5

Amended by 46 N.J.R. 1697(b), effective 7/21/2014.