N.J. Admin. Code § 17:27-3.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:27-3.7 - Mandatory bid specification and contract language for good faith efforts toward achieving equal employment opportunities in goods and services contracts (Exhibit A)

(a) Public agencies shall include in all bid specifications and contracts for goods and services, including contracts for professional services, the following mandatory language for equal employment opportunities:

1. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2.

2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

3. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

4. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

N.J. Admin. Code § 17:27-3.7

New Rule, R.2004 d.450, effective 12/6/2004.
See: 36 N.J.R. 2623(b), 36 N.J.R. 5443(b).
Recodified from N.J.A.C. 17:27-3.6 and amended by R.2008 d.307, effective 10/20/2008.
See: 40 N.J.R. 3601(a), 40 N.J.R. 6222(a).
Section was "Mandatory bid specification and contract language for employment goal compliance for goods and services". In the introductory paragraph of (a), substituted "equal employment opportunities" for "employment goal compliance"; in the introductory paragraph of (a)1, substituted "afford equal employment opportunities to" for "employ"; in (a)1i, substituted "Good faith efforts to meet targeted" for "The applicable"; in (a)1ii, substituted "Good faith efforts to meet targeted" for "A binding determination of the applicable"; in (a)2 and (a)4, inserted ", gender identity or expression, disability, nationality"; and in (a)4, substituted "targeted" for "applicable". Former N.J.A.C. 17:27-3.7, Mandatory bid specification and contract language for employment goal compliance for construction contracts, recodified to N.J.A.C. 17:27-3.8.
Amended by R.2010 d.053, effective 4/5/2010.
See: 41 N.J.R. 3041(a), 42 N.J.R. 723(a).
Section was "Mandatory bid specification and contract language for good faith efforts toward achieving equal employment opportunities in goods and services contracts". Rewrote (a)1; in (a)2, inserted the first occurrence of "and"; and in (a)2 and (a)4, inserted "race,".