New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 7 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-7.4 - Criteria for determining good faith efforts of construction contractors and subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the contractor or
				subcontractor's compliance with the requirements set forth in the mandatory
				language at
				N.J.A.C.
				17:27-3.8, the Department shall consider the
				following factors in its determination of whether a contractor or subcontractor
				has acted in good faith.
1. Whether the
				contractor or subcontractor has agreed to make a good faith effort to adhere to
				minority and women targeted employment goals;
2. Whether the contractor or subcontractor
				has met or documented that it has made a good faith effort to meet targeted
				employment goals;
3. Whether the
				contractor or subcontractor has adopted an Equal Employment Opportunity (EEO)
				Policy;
4. Whether the contractor
				or subcontractor has posted an EEO Policy on the job site bulletin
				board;
5. Whether the contractor or
				subcontractor has disseminated the EEO Policy to its workers through various
				means including company meetings, preconstruction job meetings, written
				notices, etc.;
6. Whether the
				contractor or subcontractor has posted Federal or State issued EEO posters on
				the job site bulletin board;
7.
				Whether the contractor or subcontractor has identified an EEO Officer and
				established job duties in writing for such position;
8. Whether the contractor of subcontractor
				has developed a basic complaint procedure;
9. Whether the contractor or subcontractor
				has knowledge of and has considered the general availability of minorities and
				women having requisite skills in the immediate labor area;
10. Whether the contractor or subcontractor
				has knowledge of and has considered the percentage of minorities and women in
				the total workforce in the immediate labor area;
11. Whether, when the opportunity has
				presented itself, the contractor or subcontractor has considered promoting
				minority and women employees within its organization;
12. Whether the contractor or subcontractor
				attempted to hire minorities and women based upon the anticipated expansion,
				contraction and turnover of its workforce;
13. Whether the contractor or subcontractor
				has the ability to consider undertaking training as a means of making all job
				classifications available to minorities and women and whether it has done
				so;
14. Whether the contractor or
				subcontractor has utilized the available recruitment resources to attract
				minorities and women with requisite skills, including but not limited to public
				and private training institutions, job placement services, referral agencies,
				newspapers, trade papers, faith-based organizations, and community-based
				organizations;
15. Whether the
				contractor or subcontractor has requested qualified minorities and women from a
				labor union with whom it has an exclusive hiring or referral
				arrangement;
16. Whether the
				contractor or subcontractor has actively recruited beyond the traditional
				sources to attract minority and women applicants;
17. Whether the contractor or subcontractor
				has reviewed all personnel actions to ensure actions are taken in compliance
				with the company's EEO policy; and
18. Whether the contractor or subcontractor
				has retained records of employment and personnel actions and payroll records
				for a three year period from the date of the contract or project
				closing.