N.J.A.C. 4A:7-3 Policy Prohibiting Discrimination in the Workplace; Complaint Procedures and Appeals
Every section of N.J.A.C. 4A:7-3, Policy Prohibiting Discrimination in the Workplace; Complaint Procedures and Appeals: 4 rules with full text, amendment history and citing decisions.
- 4A:7-3.1State Policy Prohibiting Discrimination in the Workplace (State Policy)
The State Policy binds State agencies, a term the rule defines to take in State departments, commissions, agencies, authorities and State colleges and universities. Local government sets its own procedures under 4A:7-1.1. Within that scope this is a zero tolerance policy, which means the agency may take disciplinary or other corrective action against conduct that violates the policy whether or not the conduct meets the legal definition of discrimination or harassment. Three points of reach get missed. It covers third party harassment, meaning unwelcome conduct that is not aimed at any individual but interferes with someone's ability to do their job. It covers any location reasonably regarded as an extension of the workplace, including off-site business-related social functions, and posts on social media or a personal device that adversely affect the work environment. And it runs in both directions between State employees and persons doing business with the State. A supervisor must refer an allegation immediately, and failing to do so is itself disciplinable. Retaliation is separately prohibited.
- 4A:7-3.2Model procedures for internal complaints alleging discrimination in the workplace
Five numbers carry this procedure. The agency has 120 days from the completion of intake to finish its investigation and issue a final letter of determination, extendable by up to 60 days in exceptional circumstances, with written notice and an explanation to the parties and to the Division of EEO/AA. An appeal to the Civil Service Commission is due within 20 days of receiving that letter, and it is decided on the written record with the burden of proof on the appellant. That holds in both directions: a complainant who disagrees with the determination, and a person complained against where a violation was substantiated but no discipline was recommended. Where discipline was recommended, a career service employee appeals through the discipline rules instead. Filing internally does not pause the outside clocks. A complaint to the Division on Civil Rights runs 180 days and one to the EEOC runs 300 days, both measured from the last incident rather than from the final letter.
- 4A:7-3.3(Reserved)
Reserved. No rule text is currently published at this citation.
- 4A:7-3.4(Reserved)
Reserved. No rule text is currently published at this citation.