NJ Civil Service Navigator

N.J.A.C. 4A:7-2.3 Appointing authority responsibilities

N.J.A.C. 4A:7-2.3, Appointing authority responsibilities. In local service, an appointing authority may establish equal employment opportunity and affirmative action programs. Upon request, the Division of EEO/AA s Full text with 5 recorded amendments, 2 citing decisions.

Equal Employment Opportunity and Affirmative Action · Division of Equal Employment Opportunity and Affirmative Action

Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.

This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.

In plain language

The gap between local and State service here is the gap between may and shall. A local appointing authority may establish equal employment opportunity and affirmative action programmes, and the Division of EEO/AA will advise and assist on request. Nothing more is asked of it. Every State agency, by contrast, carries a list of mandatory duties: appoint at least one EEO/AA Officer, full time and reporting to the agency head or a designee in that office, unless the Chairperson and the Division Director approve otherwise; submit an affirmative action plan to the Director for approval; file quarterly reports and an annual update covering the number, subject matter, processing time and disposition of every discrimination complaint; adopt the model internal complaint procedures; and make a good faith effort to meet its own goals, with sanctions and penalties available if it does not. Final letters of determination must be signed by the agency head or a designee at deputy or assistant commissioner, chief of staff or equivalent level.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:7-2.3. It is a description of the rule, not the rule itself, and not legal advice.

(a) In local service, an appointing authority may establish equal employment opportunity and affirmative action programs. Upon request, the Division of EEO/AA shall advise and assist local appointing authorities in the development of such programs. #

(b) Each State agency shall: #

1. Ensure equality of opportunity for all of its employees and applicants seeking employment; #

2. Appoint at least one person as the Equal Employment Opportunity/Affirmative Action Officer who shall report to the State agency head or a designee within the office of the State agency head, and who shall serve on a full-time basis, unless otherwise requested by the State agency head and approved by the Chairperson of the Civil Service Commission and the Director of the Division of EEO/AA; #

3. Submit an affirmative action plan to the Director for approval, which shall include, but not be limited to, a policy statement, organization of the State agency, a description of how the plan is communicated to its employees, an analysis of the workforce and job categories, goals and timetables, and specific recruitment/training programs to meet its goals; #

4. Submit to the Director quarterly affirmative action reports and an annual update of its affirmative action plan which shall include an evaluation of the goals set for the prior year, the goals for the upcoming year, and the number, subject matter, time for processing, and disposition of all discrimination complaints filed with the State agency; #

5. Make a good faith effort to meet the affirmative action goals and timetables set forth in its affirmative action plan and updates. Any State agency which fails either to achieve or make a good faith effort to achieve its goals may be subject to sanctions and penalties; #

6. Ensure that minorities, women, and persons with disabilities are considered for employment opportunities where the need for aggressive efforts has been identified; #

7. Explore and, where appropriate, implement innovative personnel policies to enhance equal employment opportunity and affirmative action; #

8. Adopt and implement the Model Procedures for Internal Complaints Alleging Discrimination in the Workplace, N.J.A.C. 4A:7-3.2; and #

9. In accordance with procedures established by the Division of EEO/AA for handling internal discrimination complaints, issue final letters of determination signed by the State agency head or a designee who shall be a deputy or assistant commissioner or a chief of staff or equivalent. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 5 recorded changes.

  1. AmendedR.2015 d.188
    47 N.J.R. 1698(a); 47 N.J.R. 2972(a)
  2. AmendedR.2007 d.244
    39 N.J.R. 1340(a); 39 N.J.R. 3499(a)
  3. RecodifiedR.2002 d.10
    33 N.J.R. 3281(a); 34 N.J.R. 261(a)
  4. AmendedR.1994 d.72
    25 N.J.R. 4821(b); 26 N.J.R. 794(b)
  5. AmendedR.1992 d.420
    24 N.J.R. 2496(c); 24 N.J.R. 3721(a)

How this rule has been applied

2 decisions have cited N.J.A.C. 4A:7-2.3. The list below is citations to those decisions, not the decisions. We have not written summaries for this section. A citation with no summary is deliberate: we do not paraphrase a decision we have not read. Nothing here is legal advice.

Appellate Division (2)
  • Klawitter v. City of Trenton395 N.J. Super. 302; 928 A.2d 900; 2007 N.J. Super. LEXIS 280
  • Klawitter v. City of Trenton395 N.J. Super. 302; 928 A.2d 900; 2007 N.J. Super. LEXIS 280

This rule points to

Elsewhere in Division of Equal Employment Opportunity and Affirmative Action