N.J.A.C. 4A:7-1 Equal Employment Opportunity
Every section of N.J.A.C. 4A:7-1, Equal Employment Opportunity: 3 rules with full text, amendment history and citing decisions.
- 4A:7-1.1General provisions
Read the last two subsections first, because that is where State and local service part company. The conduct prohibitions in this chapter are written around State service: discriminatory conduct against a State employee by another State employee or by a person doing business with the State, and conduct by a State employee against such a person. In local service an appointing authority may establish policies and procedures for processing discrimination complaints, which is permission rather than a requirement. The equal employment opportunity guarantee itself is broader. It covers everyone in, or applying to, the career, unclassified and senior executive services across a long list of protected categories, and it reaches recruitment, selection, hiring, training, promotion, transfer, work environment, layoff, return from layoff, compensation and fringe benefits. The exception is a qualification specifically permitted and essential to successful job performance. Affirmative action, as distinct from equal opportunity, is not required with respect to persons identified solely by affectional or sexual orientation.
- 4A:7-1.2Discriminatory inquiries
A preemployment application may not require an applicant to provide information covering subject matters which may be discriminatory. Two exceptions sit in the same sentence: information related to a job requirement, and information required by law. The second half of the rule handles the case that looks like a breach and is not. Preemployment and employment information which the State or Federal government requires for statistical purposes may be obtained, by the appointing authority or by the Civil Service Commission. The prohibition is on what the application requires an applicant to supply, and the permission is about data collected to meet a reporting requirement.
- 4A:7-1.3(Reserved)
Reserved. No rule text is currently published at this citation.