Diversity, CSC Docket No. 2025-784

BackgroundThe Division of Agency Services (Agency Services) requests the establishment of the noncompetitive title of Diversity, Equity, and Inclusion (DEI) Trainee in accordance with N.J.A.C. 4A:3-1.2.

In support of its request, Agency Services presents that the Department of Military and Veterans Affairs and this agency requested a DEI title series, including a DEI Trainee title to serve as an entry point for the series. The title series is, however, being created for use in all State government agencies. Executive Order No. 319 (Murphy, February 21, 2023) states:

The head of each principal department in the Executive Branch of State government shall designate a senior-level employee to perform the functions of Chief Diversity Officer or equivalent role to administer the department’s diversity, equity, inclusion, and belonging initiatives and programs (as distinct from the responsibilities of Equal Employment Opportunity and/or Affirmative Action officers), and to serve as a liaison with and inform the work of the Advisory Council and the Civil Service

Commission’s Diversity Council as appropriate.

The primary duties of the DEI Trainee title would involve receiving on-the-job training in the development, coordination, and implementation of programs and initiatives aimed at infusing diversity, equity, and inclusion throughout the organization; learning to analyze department policies and procedures and legislation related to DEI; learning to provide training and information to department officials and employees on DEI programs, resources, and trends; and learning to research and respond to inquiries. Incumbents who successfully complete the 12-month training period will be eligible for advancement to an appropriate primary title. See N.J.A.C. 4A:3-3.7(j). Agency Services requests that the new title be assigned to the noncompetitive division due to the impracticability of competitive testing as it is an entry-level title intended to provide on-the-job training with the knowledge, skills, and abilities being learned on the job. It indicates that it has provided notice and the opportunity to review the instant title creation to the applicable collective negotiations unit and no objection was received. Finally, Agency Services requests that the effective date for the requested action be the beginning of the first pay period following the Civil Service Commission’s (Commission) approval.

CONCLUSION

RuleN.J.A.C. 4A:3-3.2(a) provides that the Commission shall establish and maintain classification plans for all job titles in the career, senior executive and unclassified services. Additionally, N.J.A.C. 4A:3-3.3(a)2 provides that this agency shall implement and administer the classification plans and, in this regard, shall establish new titles, abolish unnecessary titles and consolidate titles.

N.J.A.C. 4A:3-1.2(c) provides that a job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined by the Commission that it is appropriate to make permanent appointments to the title and one or more of the following criteria are met:

1. Competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job;

Analysis2. Certification procedures based on ranked eligible lists have not or are not likely to meet the needs of appointing authorities due to such factors as salary, geographic location, recruitment problems and working conditions; or

3. There is a need for immediate appointments arising from a new legislative program or major agency reorganization.

Based on all of the foregoing, ample reasons exist for the establishment of the subject title and its allocation to the noncompetitive division based on N.J.A.C. 4A:3- 1.2(c)1. In this regard, DEI Trainee is an entry-level title with no experience requirement and is intended to provide on-the-job training. Incumbents will gain the necessary skillset during the training period. Additionally, incumbents would be required to complete a four-month working test period prior to attaining permanent status. See N.J.A.C. 4A:4-5.1(b) and N.J.A.C. 4A:4-5.2(b)2. Accordingly, competitive testing is impracticable for this title.

ORDER

Therefore, it is ordered that this request be granted and the title of Diversity, Equity, and Inclusion Trainee be established and allocated to the noncompetitive division. This action shall be effective November 16, 2024.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.