reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-14.2 - Counties and municipalities over 200,000; office of civil rights; creation and establishment; officers; organization; powers

10:5-14.2. Counties and municipalities over 200,000; office of civil rights; creation and establishment; officers; organization; powers
Any county, except as hereinafter provided or any municipality with a population of at least 200,000 in a county of the first class, may, upon approval of the Attorney General, create and establish, by ordinance or by resolution in counties not authorized to act by ordinance, an office of civil rights to be administered by a county or municipal director of civil rights who shall be appointed by the appointing authority of the county or municipality. No county in which a municipality has established an office of civil rights prior to the effective date of this amendatory act shall hereafter establish a civil rights office pursuant to this amendatory act. In addition, the governing body may provide for the employment of such other officers including hearing examiners and attorneys, and employees as may be necessary or desirable for the proper conduct of the affairs of the office. The qualifications of the director, hearing examiner and attorneys shall be subject to approval by the Attorney General. A county or municipal office thus established shall have and exercise those powers to enforce the Law Against Discrimination as may be delegated to it as provided in section 2 of this act.
L.1977, c. 121, s. 1, eff. June 6, 1977. Amended by L.1980, c. 87, s. 1, eff. Aug. 21, 1980.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-14.3 - Delegation of powers by Attorney General; review of findings and conclusions

10:5-14.3. Delegation of powers by Attorney General; review of findings and conclusions
Upon a finding that the public interest may be better served thereby, the Attorney General may delegate to such county or municipal office of civil rights the power to investigate complaints and conduct conciliation conferences, in accordance with the provisions of section 13 of P.L.1945, c. 169 (C. 10:5-14), and to proceed in a summary manner in accordance with the provisions of section 6 of P.L.1966, c. 17 (C. 10:5-14.1). In addition, the Attorney General may delegate to such county or municipal office of civil rights the power to conduct hearings and in connection therewith, the power to subpena witnesses, administer oaths, take testimony and conduct discovery procedures including the taking of interrogatories and oral depositions. The findings and conclusions of a county or municipal office resulting from an exercise of the foregoing powers shall not constitute a final administrative decision, but shall be submitted to the Director of the Division on Civil Rights who may rely and act thereupon in accordance with the provisions of section 16 of P.L.1945, c. 169 (C. 10:5-17). The Attorney General shall establish rules of practice to govern, expedite and effectuate the utilization of the foregoing powers by such county or municipal office.
L.1977, c. 121, s. 2, eff. June 6, 1977. Amended by L.1980, c. 87, s. 2, eff. Aug. 21, 1980.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-15 - Notice requiring respondent to answer charges; place of hearing

10:5-15. Notice requiring respondent to answer charges; place of hearing
In case of failure so to eliminate such practice or discrimination, or in advance thereof if in his judgment circumstances so warrant, the Attorney General shall cause to be issued and served in the name of the division, a written notice, together with a copy of such complaint, as the same may have been amended, requiring the person, employer, labor organization, employment agency, owner, lessee, proprietor, manager, superintendent, or agent named in such complaint, hereinafter referred to as respondent, to answer the charges of such complaint at a hearing before the director at a time and place to be specified in such notice. The place of any such hearing shall be the office of the Attorney General or such other place as may be designated by him.
L.1945, c. 169, p. 595, s. 14. Amended by L.1949, c. 11, p. 45, s. 10; L.1963, c. 40, s. 9.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-16 - Practice, procedure, remedies.

10:5-16 Practice, procedure, remedies.
15. When the director has issued a finding of probable cause, the case in support of the complaint shall be filed in Superior Court or presented before the director by the attorney for the division and evidence concerning attempted conciliation shall not be received.
In an action presented before the director, the respondent shall file a written verified answer to the complaint and appear at such hearing in person or by representative, with or without counsel, and submit testimony. The complainant shall be allowed to intervene and present testimony in person and may be represented by counsel. The director or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend its answer. In such an action, the director shall not be bound by the strict rules of evidence prevailing in civil actions in courts of competent jurisdiction of this State. The testimony taken at the hearing shall be under oath and a verbatim record shall be made.
When the director has issued a finding of probable cause in a housing discrimination complaint only, any party to that complaint may elect, in lieu of the administrative proceeding authorized by this section, to have the claim asserted in the finding of probable cause adjudicated in a civil action in Superior Court pursuant to section 12 of P.L.1945, c.169 (C.10:5-13). Such an election shall be made not later than 20 days after receipt of the finding of probable cause. Upon such election, the attorney for the division shall promptly file such an action in Superior Court. Upon application to the court wherein the matter is pending, the complainant shall be permitted to intervene and present testimony in person and may be represented by counsel.
L.1945, c.169, s.15; amended 1963, c.40, s.10; 1979, c.404, s.2; 1980, c.71; 2003, c.180, s.15; 2019, c.436, s.8.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-18 - Rules of practice; limitations

10:5-18. Rules of practice; limitations
The Attorney General shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and his own actions thereunder. Any complaint filed in the division or in any municipal office pursuant to this act must be so filed within 180 days after the alleged act of discrimination.
L.1945, c. 169, p. 596, s. 17. Amended by L.1963, c. 40, s. 12; L.1979, c. 404, s. 4, eff. Feb. 8, 1980.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-19 - Enforcement of orders

10:5-19. Enforcement of orders
Observance of an order of the director issued pursuant to the provisions of this act including collection or enforcement of damages or penalties may be enforced by a summary civil action brought by the director in the Superior Court to obtain such relief as may be necessary to effectuate the terms of said order.
L.1945, c. 169, p. 597, s. 18. Amended by L.1949, c. 11, p. 46, s. 12; L.1953, c. 18, p. 322, s. 41; L.1963, c. 40, s. 13; L.1983, c. 412, s. 1, eff. Jan. 4, 1984.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-21 - Appeals

10:5-21. Appeals
Any person aggrieved by a final order of the director may take an appeal therefrom to the Superior Court, Appellate Division as an appeal from a State administrative agency.
L.1945, c. 169, p. 597, s. 20. Amended by L.1949, c. 11, p. 46, s. 14; L.1953, c. 18, p. 322, s. 43; L.1963, c. 40, s. 14, eff. May 21, 1963.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-24 - Transcript of hearing

10:5-24. Transcript of hearing
Any party may require that a transcript of a hearing be prepared at his cost.
L.1945, c. 169, p. 598, s. 23. Amended by L.1949, c. 11, p. 48, s. 17; L.1963, c. 40, s. 15, eff. May 21, 1963; L.1979, c. 404, s. 5, eff. Feb. 8, 1980.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-25 - Attorney for division; compensation

10:5-25. Attorney for division; compensation
The Attorney General shall appoint or assign the attorney for the division who may be a deputy attorney general. If said attorney is not a deputy attorney general he shall receive such compensation as may be determined by the Attorney General subject to available appropriations.
L.1945, c. 169, p. 598, s. 24. Amended by L.1963, c. 40, s. 16.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-26 - Resisting or impeding performance of duties; violation of orders; punishment

10:5-26. Resisting or impeding performance of duties; violation of orders; punishment
Any person who shall willfully resist, prevent, impede or interfere with the Attorney General or any representative of the division in the performance of duty under this act, or shall willfully violate an order of the Attorney General, or the director, shall be guilty of a misdemeanor and shall be punishable by imprisonment for not more than one year, or by a fine of not more than $500.00, or by both; but procedure for the review of the order shall not be deemed to be such willful conduct.
L.1945, c. 169, p. 598, s. 25. Amended by L.1949, c. 11, p. 48, s. 18; L.1963, c. 40, s. 17.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-27 - Construction of act; other laws not affected; exception; other remedies.

10:5-27 Construction of act; other laws not affected; exception; other remedies.
26. The provisions of this act shall be construed fairly and justly with due regard to the interests of all parties. Nothing contained in this act shall be deemed to repeal any of the provisions of the Civil Rights Law or of any other law of this State relating to discrimination because of race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, disability, gender identity or expression, nationality or sex or liability for service in the Armed Forces of the United States; except that, as to practices and acts declared unlawful by section 11 of this act, the procedure herein provided shall, while pending, be exclusive; and the final determination therein shall exclude any other action, civil or criminal, based on the same grievance of the individual concerned. Nothing herein contained shall bar, exclude or otherwise affect any right or action, civil or criminal, which may exist independently of any right to redress against or specific relief from any unlawful employment practice or unlawful discrimination. With respect only to affectional or sexual orientation and gender identity or expression, nothing contained herein shall be construed to require the imposition of affirmative action, plans or quotas as specific relief from an unlawful employment practice or unlawful discrimination.
L.1945,c.169,s.26; amended 1949, c.11, s.19; 1951, c.64, s.7; 1970, c.80, s.15; 1991, c.519, s.9; 2003, c.180, s.17; 2006, c.100, s.11.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-27.1 - Attorney fees.

10:5-27.1 Attorney fees.
6. In any action or proceeding brought under P.L.1945, c.169 (C.10:5-1 et seq.), the prevailing party may be awarded a reasonable attorney's fee as part of the cost, provided however, that no attorney's fee shall be awarded to the respondent unless there is a determination that the complainant brought the charge in bad faith. If the complainant's case was initiated by a housing authority on behalf of a tenant for a violation of paragraph (4) of subsection g. or paragraph (4) of subsection h. of section 11 of P.L.1945, c.169 (C.10:5-12) and the complainant prevailed, reasonable costs, including attorney fees, of the housing authority may be assessed against a nonprevailing respondent. If the complainant's case was presented by the attorney for the division and the complainant prevailed, the reasonable costs, including attorney fees, of such representation may be assessed against a nonprevailing respondent.
Notwithstanding any other provision of law to the contrary, an award of an attorney's fee in accordance with this section shall not be available as a remedy to violations of section 2 of P.L.2019, c.199 (C.10:4-12.12).
L.1979, c.404, s.6; amended 2002, c.82, s.4; 2019, c.199, s.5.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-28 - Partial invalidity

10:5-28. Partial invalidity
If any clause, sentence, paragraph, or part of this act or any amendment or supplement thereto or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this act.
L.1945, c. 169, p. 598, s. 27. Amended by L.1977, c. 96, s. 4, eff. May 19, 1977.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29 - Person with a disability; accompaniment by service or guide dog; use of public facilities; liabilities.

10:5-29 Person with a disability; accompaniment by service or guide dog; use of public facilities; liabilities.
1. Any person with a disability accompanied by a service or guide dog trained by a recognized training agency or school is entitled, with his dog, to the full and equal enjoyment, advantages, facilities and privileges of all public facilities, subject only to the following conditions:
a. A person with a disability, if accompanied by a service or guide dog, shall keep such dog in his immediate custody at all times;
b. A person with a disability accompanied by a service or guide dog shall not be charged any extra fee or payment for admission to or use of any public facility;
c. A person with a disability who has a service or guide dog in his possession shall be liable for any damages done to the premises of a public facility by such dog.
d. (Deleted by amendment; P.L.1981, c. 391.)
L.1971,c.130,s.1; amended 1977, c.456, s.2; 1980, c.46, s.5; 1981, c.391, s.1; 1983, c.485, s.4; 2003, c.180, s.18.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.1 - Person with a disability; unlawful employment practice.

10:5-29.1 Person with a disability; unlawful employment practice.
3. Unless it can be clearly shown that a person's disability would prevent such person from performing a particular job, it is an unlawful employment practice to deny to an otherwise qualified person with a disability the opportunity to obtain or maintain employment, or to advance in position in his job, solely because such person is a person with a disability or because such person is accompanied by a service or guide dog.
L.1977,c.456,s.3; amended 1980, c.46, s.6; 1983, c.485, s.5; 2003,c.180,s.19.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.2 - Housing accommodations.

10:5-29.2 Housing accommodations.
4. A person with a disability is entitled to rent, lease or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or compensation in this State, subject to the rights, conditions and limitations established by law. Nothing in this section shall require any person renting, leasing or providing for compensation real property, to modify such property in any way to provide a higher degree of care for a person with a disability than for any other person. A person with a disability who has a service or guide dog, or who obtains a service or guide dog, or who retains their former service or guide dog as a pet after its retirement from service, shall be entitled to full and equal access to all housing accommodations and shall not be required to pay extra compensation for such service or guide dog or retired pet, but shall be liable for any damages done to the premises by such dog. Any provision in any lease or rental agreement prohibiting maintenance of a pet or pets on or in the premises shall not be applicable to a working service or guide dog, or a retired service or guide dog, owned by a tenant who is a person with a disability.
L.1977, c.456, s.4; amended 1980, c.46, s.7; 1983, c.485, s.6; 2003, c.180, s.20; 2017, c.187.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.3 - Service, guide dog trainer; access to public facilities; responsibilities.

10:5-29.3 Service, guide dog trainer; access to public facilities; responsibilities.
5. A service or guide dog trainer, while engaged in the actual training process and activities of service dogs or guide dogs, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to a person with a disability.
L.1977,c.456,s.5; amended 1980, c.46, s.8; 1983, c.485, s.7; 2003, c.180, s.21.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.4 - Right-of-way for person accompanied by or instructing a guide dog.

10:5-29.4 Right-of-way for person accompanied by or instructing a guide dog.
6. A person with a disability accompanied by a guide dog, or a guide dog instructor engaged in instructing a guide dog, shall have the right-of-way over vehicles while crossing a highway or any intersection thereof, as provided in section 1 of P.L.1939, c.274 (C.39:4-37.1).
L.1977,c.456,s.6; amended 1999, c.264, s.1; 2003, c.180, s.22.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.5 - Violations, misrepresentation, interference with disabled persons, guide or service dogs; fine.

10:5-29.5 Violations, misrepresentation, interference with disabled persons, guide or service dogs; fine.
7. Any person who violates the provisions of P.L.1977, c.456 in a manner not otherwise prohibited by P.L.1945, c.169 (C.10:5-1 et seq.), or who fits a dog with a harness of the type commonly used by blind persons in order to represent that such dog is a guide dog when training of the type that guide dogs normally receive has not in fact, been provided, or who otherwise intentionally interferes with the rights of a person with a disability, who is accompanied by a guide or service dog, or the function or the ability to function of a guide or service dog, shall be fined not less than $100 and not more than $500.
L.1977,c.456,s.7; amended 2005, c.258.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.6 - Rights and privileges relative to service dogs.

10:5-29.6 Rights and privileges relative to service dogs.
9. Whenever the law accords rights and privileges to or imposes conditions and restrictions upon blind persons with respect to their use of dogs to countervail their disability, and known and described as "seeing eye" dogs, those rights, privileges, conditions and restrictions shall also apply to persons with disabilities with respect to their use of dogs to countervail their disability, and known and described as either "service dogs" or "hearing ear" dogs.
L.1980,c.46,s.9; amended 1983, c.485, s.8; 2003, c.180, s.23.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.7 - Definitions relative to access for certain working dogs.

10:5-29.7 Definitions relative to access for certain working dogs.
1. As used in this act:
"Housing accommodation" means the same as the term is defined in subsection u. of section 5 of P.L.1945, c.169 (C.10:5-5);
"Public facility" means the same as the term is defined in subsection v. of section 5 of P.L.1945, c.169 (C.10:5-5); and
"Working dog" means any dog trained for the purpose of human search and rescue, body recovery, arson detection, bomb detection, narcotics detection, criminal apprehension, police assistance or other related purposes, whether in the performance of such tasks or while traveling to or from such tasks.
L.2006, c.88, s.1.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.8 - Law enforcement, emergency service workers with working dog entitled to full access.

10:5-29.8 Law enforcement, emergency service workers with working dog entitled to full access.
2. Any member of a police, fire, law enforcement or other related emergency service agency, accompanied by a working dog, trained by a recognized training agency or school, is entitled, with the dog, to full and equal access to all public facilities and modes of public transportation, subject only to the following conditions:
a. A member of a police, fire, law enforcement or other related emergency service agency, if accompanied by a working dog, shall keep the dog in immediate custody at all times;
b. A member of a police, fire, law enforcement or other related emergency service agency, accompanied by a working dog, shall not be charged an extra fee or payment for the dog for admission to, or use of, any public facility; and
c. A member of a police, fire, law enforcement or other related emergency service agency, who has possession of a working dog, shall be liable for any damages done to the premises of a public facility by the dog.
L.2006, c.88, s.2.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.9 - Possessors of working dog, certain, entitlement to housing, business accommodations.

10:5-29.9 Possessors of working dog, certain, entitlement to housing, business accommodations.
3. A member of a police, fire, law enforcement or other related emergency service agency who possesses a working dog, is entitled to rent, lease or purchase, as other members of the general public, all housing accommodations and business accommodations offered for rent, lease, or compensation in this State, subject to the rights, conditions and limitations established by law. A member of a police, fire, law enforcement or other related emergency service agency who possesses a working dog, or who obtains a working dog, shall be entitled to full and equal access to all housing accommodations and business accommodations and shall not be required to pay extra compensation for the dog, but shall be liable for any damages done to the premises by the dog. Any provision in any lease or rental agreement prohibiting maintenance of a pet or pets on or in the premises shall not be applicable to a working dog owned by a tenant who is a member of a police, fire, law enforcement or other related emergency service agency.
L.2006, c.88, s.3.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-29.11 - Civil penalty concerning person with a disability accompanied by guide or service dogs; complaint, action with Division on Civil Rights.

10:5-29.11 Civil penalty concerning person with a disability accompanied by guide or service dogs; complaint, action with Division on Civil Rights.
1. a. Any person who interferes with or denies the access of a person with a disability accompanied by a service or guide dog to any public facility in violation of section 1 of P.L.1971, c.130 (C.10:5-29) shall, in addition to any other relief or affirmative action provided by law, be liable to a civil penalty of not less than:
(1) $250 for the first violation;
(2) $500 for the second violation; and
(3) $1,000 for the third and each subsequent violation.
b. The penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. A law enforcement officer having enforcement authority in that municipality shall issue a summons for a violation of the provisions of subsection a. of this section, and shall serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court.
The issuance of a summons pursuant to this subsection shall not prohibit an aggrieved party from filing a complaint or action with the Division on Civil Rights or in the Superior Court of New Jersey alleging a violation of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), based on the same incident or conduct. In any instance where an aggrieved party files a complaint or action with the Division on Civil Rights or in the Superior Court of New Jersey alleging a violation of the "Law Against Discrimination" based on the same incident or conduct for which a civil penalty has been imposed pursuant to subsection a. of this section, the Division on Civil Rights or Superior Court of New Jersey, as the case may be, shall make a de novo ruling and any adjudication by the municipal court shall not constitute res judicata for the complaint or action filed with the Division on Civil Rights or in the Superior Court of New Jersey.
c. The penalties assessed under this section shall be payable to the State Treasurer and shall be appropriated to the Department of Law and Public Safety to fund educational programs for law enforcement officers on the right of a person with a disability to have a service or guide dog in a place of public accommodation.
d. The Attorney General shall establish a public awareness campaign to inform the public about the provisions of this act.
L.2017, c.169, s.1.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-30 - Administration and enforcement

10:5-30. Administration and enforcement
The provisions of this act shall be administered and enforced by the Division of Civil Rights in the Department of Law and Public Safety pursuant to the authority vested in it by the Law Against Discrimination (C. 10:5-1 et seq.).
L.1971, c. 130, s. 2, eff. May 6, 1971.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-31 - Definitions.

10:5-31 Definitions.
1. As used in this act:
a. "Public works contract" means any contract to be performed for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency or authority created by any of the foregoing, for the construction, alteration or repair of any building or public work or for the acquisition of materials, equipment, supplies or services with respect to which discrimination in the hiring of persons for the performance of work thereunder or under any subcontract thereunder by reason of race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, nationality, gender identity or expression, disability or sex is prohibited under R.S.10:2-1.
b. "Equal employment opportunity" means equality in opportunity for employment by any contractor, subcontractor or business firm engaged in the carrying out of a public works project including its development, design, acquisition, construction, management and operation.
L.1975,c.127,s.1; amended 1991, c.519, s.11; 2003, c.180, s.24; 2006, c.100, s.12.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-32 - Public works contract not awarded without agreement and guarantee of equal opportunity.

10:5-32 Public works contract not awarded without agreement and guarantee of equal opportunity.
2. No public works contract shall be awarded by the State, a county, municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, nor shall any moneys be paid thereunder to any contractor, subcontractor or business firm which has not agreed and guaranteed to afford equal opportunity in performance of the contract and, except with respect to affectional or sexual orientation, and gender identity or expression, in accordance with an affirmative action program approved by the State Treasurer.
L.1975,c.127,s.2; amended 1991, c.519, s.12; 2006, c.100, s.13.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-33 - Contents of bid specs, contract provisions.

10:5-33 Contents of bid specs, contract provisions.
3. The State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, shall include in the bid specifications and the contract provisions of any public works contract the following language:
"During the performance of this contract, the contractor agrees as follows:
a. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause;
b. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex;
c. The contractor or subcontractor where applicable, will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment."
In soliciting bids for any public works contract the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, shall include in the advertisement and solicitation of bids the following language: "Bidders are required to comply with the requirements of P.L.1975, c.127."
L.1975,c.127,s.3; amended 1976, c.60; 1991, c.519, s.13; 2003, c.180, s.25; 2006, c.100, s.14.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-34 - Affirmative action program, submission to State Treasurer; fee; approval.

10:5-34 Affirmative action program, submission to State Treasurer; fee; approval.
4. Each prospective bidder on a public works contract or contracts and each subcontract bidder to a prime contract bidder shall formulate and submit to the State Treasurer his or its affirmative action program of equal opportunity whereby he or it guarantees minorities employment in all employment categories; the submission shall be accompanied by a fee in an amount to be fixed by the State Treasurer. For the purposes of this section, equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation and gender identity or expression. The State Treasurer shall notify the bidder of approval or disapproval of his or its program within 60 days of its submission; failure of the State Treasurer to so act within 60 days shall constitute approval of the program. Any existing federally approved or sanctioned affirmative action program shall be approved by the State Treasurer.
No subcontract bidder who has less than five employees need comply with the provisions of this section.
L.1975,c.127,s.4; amended 1991, c.519, s.14; 2006, c.100, s.15.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-35 - Failure to include affirmative action program; nullity of contract; violations; fine

10:5-35. Failure to include affirmative action program; nullity of contract; violations; fine
a. Any public works contract including any subcontract awarded thereunder to any contractor which fails to contain the provisions set forth in sections 2 and 3 of this act shall be null and void; provided that if the award and execution of a contract is subject to Federal regulation requiring inclusion of similar contract provisions the same may be inserted in lieu of those required by sections 2 and 3 of this act, and further provided that nothing contained in this act shall operate to affect in any manner whatsoever any existing federally approved or sanctioned affirmative action program.
b. For any violation of this law in addition to all other penalties allowable by law, the violator shall be subject to a fine of up to $1,000.00 for each violation for each day during which the violation continues, said fine to be collected in a summary manner pursuant to the "Penalty Enforcement Law" (N.J.S. 2A:58-1 et seq.).
L.1975, c. 127, s. 5.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-36 - State treasurer; enforcement; powers

10:5-36. State treasurer; enforcement; powers
In carrying out his responsibilities under this act, the State Treasurer, in addition to and without limitation of other powers which he may have by law, shall have the following powers:
a. To investigate and determine the percentage of population of minority groups in the State or areas thereof from which the work force for public works contracts is or may be drawn;
b. To establish and promulgate such percentages as guidelines in determining the adequacy of affirmative action programs submitted for approval pursuant to section 2 of this act;
c. To require all State and local agencies awarding public works contracts to submit for approval their affirmative action programs;
d. To prescribe those affirmative action program provisions to be included in all public works contracts;
e. To provide guidelines to assist governmental agencies in the formulation of and the administration and enforcement of affirmative action programs;
f. To require State and local agencies awarding public works contracts to designate appropriate officers or employees to maintain liaison with and assist the State Treasurer in the implementation of this act and affirmative action programs adopted pursuant thereto;
g. To prescribe appropriate administrative procedures relating to prequalification of bidders, bidding practices and contract awards to assure equal employment opportunities;
h. To provide staff and technical assistance to public bodies, contractors and subcontractors in furtherance of the objectives of this act;
i. To levy on contractors and subcontractors fees and charges found by him to be reasonable and necessary to accomplish the objectives of this act;
j. To refer to the Attorney General or his designee circumstances which may constitute violations of the "Law Against Discrimination" ;
k. To issue, amend and rescind rules and regulations in accordance with the "Administrative Procedure Act" (C. 52:14B-1 et seq.);
l. To enforce in a court of law the provisions of this act or to join in or assist any enforcement proceeding initiated by any aggrieved person;
m. To make and execute contracts and all other instruments with other public agencies and private firms or individuals necessary or convenient for the exercise of their powers and functions hereunder, including contracts with consultants for rendering professional or technical assistance and advice;
n. To contract for or accept any gifts or grants or loans of funds or property or financial or other aid in any form from the Federal government or any agency or instrumentality thereof, or from the State or any agency or instrumentality thereof, or from any other source and to comply, subject to the provisions of this act, with the terms and conditions thereof.
o. To issue rules and regulations that will expand business opportunities for socially and economically disadvantaged contractors and vendors seeking to provide materials and services for State contracts.
L.1975, c. 127, s. 6. Amended by L.1979, c. 266, s. 1, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-37 - Costs of project; inclusion of expenses furthering equal employment opportunities

10:5-37. Costs of project; inclusion of expenses furthering equal employment opportunities
Notwithstanding any provision of any State law, ordinance or regulation to the contrary, there may be included in the costs of a project or facility to which a public works contract relates any expenses incurred by a public body or private firm or individual for the purpose of furthering equal employment opportunities with respect to such project or facility or for the purpose of complying with the provisions of this act, and such expenses may be paid for or financed by any method which may be used to pay or finance other costs of development, acquisition or construction of such project or facility.
L.1975, c. 127, s. 7.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-38 - Persons entitled to bring enforcement actions

10:5-38. Persons entitled to bring enforcement actions
Any individual who has been discriminated against in violation of the provisions of this act and any organization which represents or acts to further the interests of individuals who have been discriminated against by reason of any violation of the provisions of this act shall have standing in courts of law to institute actions to enforce the provisions of this act.
L.1975, c. 127, s. 8.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-39 - Definitions.

10:5-39 Definitions.
1. As used in this act:
a. "Affirmative action program for veterans" means a plan guaranteeing to veterans an equal employment opportunity, which includes but is not limited to the following areas: recruitment, selection, hiring, training, promotion, transfer, layoff, return from layoff, compensation, and fringe benefits.
b. "Public works contract" means any contract exceeding $250,000.00 in price to be performed for or on behalf of the State for the construction, alteration, or repair of any building or public work.
c. "Veteran " means any soldier, sailor, marine, airman, nurse or army field clerk, who has served at least 90 days in the active military, naval or air service of the United States and has been discharged or released therefrom under conditions other than dishonorable, and who has presented to the Civil Service Commission of New Jersey full and convincing evidence of such record of service on or before the date of making application for a position governed by this act. The 90-day requirement for active service is exclusive of any time such veteran was assigned: (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of his civilian course and was pursued to completion; or (2) as a cadet or midshipman at one of the service academies; and exclusive of any service performed pursuant to the provisions of section 511(d) of Title 10, United States Code, pursuant to an enlistment in the Army or Air Force National Guard or as a reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; provided, that any person receiving an actual, service-incurred injury or disability shall be classed as a veteran, whether or not he has completed the 90 days' service as herein provided.
L.1983, c.197, s.1; amended 2017, c.184, s.5.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-40 - Equal employment opportunities for veterans.

10:5-40 Equal employment opportunities for veterans.
2. Each public works contract shall contain appropriate provisions in which contractors, subcontractors, or their assignees shall guarantee an equal employment opportunity to veterans. If any veteran believes any contractor of the State has failed to comply or refuses to comply with the provisions of the contractor's contract relating to the employment of veterans, such veteran may file a complaint with the State Treasurer, who shall promptly investigate such complaint and take appropriate action.
L.1983, c.197, s.2; amended 2017, c.184, s.6.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-41 - Affirmative action program for veterans; investigations.

10:5-41 Affirmative action program for veterans; investigations.
3. The State Treasurer shall prescribe an affirmative action program for veterans. The Treasurer shall designate an appropriate official in the Department of the Treasury to receive and investigate any complaints charging discriminatory employment practices toward such veterans.
L.1983, c.197, s.3; amended 2017, c.184, s.7.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-42 - Penalties

10:5-42. Penalties
Any person who violates this law or the provisions of a public works contract guaranteeing an equal employment opportunity to veterans shall be subject to any penalties allowable under law.
L.1983, c. 197, s. 4, eff. May 27, 1983.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-44 - Findings, declarations relative to genetic information

10:5-44. Findings, declarations relative to genetic information
2. The Legislature finds and declares:
a. The DNA molecule contains information about an individual's probable medical future. This information is written in a code that is rapidly being broken.
b. Genetic information is personal information that should not be collected, retained or disclosed without the individual's authorization.
c. The improper collection, retention or disclosure of genetic information can lead to significant harm to the individual, including stigmatization and discrimination in areas such as employment, education, health care and insurance.
d. An analysis of an individual's DNA provides information not only about an individual, but also about the individual's parents, siblings and children, thereby impacting family privacy, including reproductive decisions.
e. Current legal protections for medical information, tissue samples and DNA samples are inadequate to protect genetic privacy.
f. Laws for the collection, storage and use of identifiable DNA samples and private genetic information obtained from those samples are needed both to protect individual privacy and to permit legitimate genetic research.
g. Progress in mapping the genes that cause breast cancer and other diseases has far outpaced the development of a legal and ethical context in which genetic information can be properly evaluated.
h. Effective tests to determine the presence of genes that cause breast cancer and other diseases carry with them the devastating potential for discrimination against carriers of these genes.
L.1996,c.126, s.2.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-45 - Informed consent required to obtain genetic information

10:5-45. Informed consent required to obtain genetic information
6. No person shall obtain genetic information from an individual, or from an individual's DNA sample, without first obtaining informed consent from the individual or the individual's representative according to regulations promulgated by the Commissioner of Health and Senior Services, in consultation with the Commissioner of Banking and Insurance, pursuant to subsection b. of section 9 of P.L.1996, c.126 (C.10:5-48).
a. The requirements of this section shall not apply to genetic information obtained:
(1) By a State, county, municipal or federal law enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution;
(2) To determine paternity in accordance with the provisions of section 11 of P.L.1983, c.17 (C.9:17-48);
(3) Pursuant to the provisions of the "DNA Database and Databank Act of 1994," P.L.1994, c.136 (C.53:1-20.17 et seq.);
(4) To determine the identity of deceased individuals;
(5) For anonymous research where the identity of the subject will not be released;
(6) Pursuant to newborn screening requirements established by State or federal law; or
(7) As authorized by federal law for the identification of persons.
b. In the case of a policy of life insurance or a disability income insurance contract, informed consent shall be obtained pursuant to the provisions of P.L.1985, c.179 (C.17:23A-1 et seq.).
L.1996,c.126,s.6.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-46 - Authorization to retain genetic information

10:5-46. Authorization to retain genetic information
7. a. No person shall retain an individual's genetic information without first obtaining authorization under the informed consent requirement of section 6 of P.L.1996, c.126 (C.10:5-45) from the individual or the individual's representative, unless:
(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
(2) Retention is necessary to determine paternity in accordance with the provisions of section 11 of P.L.1983, c.17 (C.9:17-48);
(3) Retention is authorized by order of a court of competent jurisdiction;
(4) Retention is made pursuant to the provisions of the "DNA Database and Databank Act of 1994," P.L.1994, c.136 (C.53:1-20.17 et seq.); or
(5) Retention of information is for anonymous research where the identity of the subject will not be released.
b. The DNA sample of an individual from which genetic information has been obtained shall be destroyed promptly upon the specific request of that individual or the individual's representative, unless:
(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding; or
(2) Retention is authorized by order of a court of competent jurisdiction.
c. A DNA sample from an individual who is the subject of a research project shall be destroyed promptly upon completion of the project or withdrawal of the individual from the project, whichever occurs first, unless the individual or the individual's representative directs otherwise by informed consent.
d. A DNA sample from an individual for insurance or employment purposes shall be destroyed promptly after the purpose for which the sample was obtained has been accomplished unless retention is authorized by order of a court of competent jurisdiction.
e. An individual or an individual's representative, promptly upon request, may inspect, request correction of and obtain genetic information from the records of the individual unless the individual directs otherwise by informed consent pursuant to section 6 of P.L.1996, c.126 (C.10:5-45); except that, in the case of a policy of life insurance or a disability income insurance contract, the provisions of P.L.1985, c.179 (C.17:23A-1 et seq.) shall apply.
f. This section applies only to genetic information that can be identified as belonging to an individual or family. This section does not apply to any law, contract or other arrangement that determines a person's rights to compensation relating to substances or information derived from an individual's DNA sample.
L.1996,c.126,s.7.