N.J. Admin. Code § 4A:4-4.5

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

Section 4A:4-4.5 - Certifications limited to persons of a particular sex, religion, or national origin

(a) A certification may be issued limited to persons of a particular sex, religion or national origin of the eligibles, where such factors are bona fide occupational qualifications (BFOQ) that are essential to successful job performance and the normal operation of the appointing authority.

(b) The appointing authority shall determine those positions in State service and those specific titles in local service for which BFOQ designations are essential.

(c) A request for a BFOQ designation shall be signed by the agency or department head, or designee, and the affirmative action officer, and submitted by the appointing authority to the Civil Service Commission, Division of Equal Employment Opportunity and Affirmative Action (EEO/AA) and shall include:

1. The purpose of the BFOQ being requested;

2. An accurate description of the employment for which the BFOQ is sought, including:

i. The position number in State service and the specific title in local service;

ii. The duties of the position and percentage of time required to perform those duties;

iii. The post location; and

iv. The shift designation.

3. A statement why a person without the specific BFOQ cannot perform the position's duties;

4. What accommodations were considered to permit persons without the BFOQ to perform the duties and why the accommodations were not adopted; and

5. Such other information as requested by the EEO/AA.

(d) The appointing authority shall have the burden of proof that a BFOQ designation is necessary.

(e) The Director, EEO/AA shall review the request and advise the appointing authority in writing of his or her decision to either accept the BFOQ request or not accept the request based on insufficient justification.

(f) The EEO/AA will audit BFOQ positions to eliminate artificial barriers that may exist to equal employment opportunity and particular BFOQ designations may be reconsidered or eliminated.

(g) Any person who has been denied an employment opportunity as a result of a BFOQ designation may contest the designation as a discrimination appeal in State service (4A:7-3.2 et seq.) or a general appeal in local service (4A:2-1.1 ).

N.J. Admin. Code § 4A:4-4.5

Amended by 49 N.J.R. 2239(a), effective 7/17/2017