New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 5 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY VENDORS AND GOODS AND SERVICES SUBCONTRACTORS › Section 17:27-5.5 - Criteria for determining good faith efforts of vendors and goods and services subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the vendor's or
				subcontractor's compliance with the requirements set forth in the mandatory
				language at
				N.J.A.C.
				17:27-3.5 or 3.6, as applicable, the Division
				shall consider the following factors in its determination of whether a vendor
				or subcontractor has acted in good faith:
1.
				Whether the vendor or subcontractor has agreed to make a good faith effort to
				adhere to targeted minority and women employment goals;
2. Whether the vendor or subcontractor has
				met or documented that it has made a good faith effort to meet targeted
				employment goals;
3. Whether the
				vendor or subcontractor has adopted an Equal Employment Opportunity (EEO)
				Policy;
4. Whether the vendor or
				subcontractor has posted an EEO Policy on the job site bulletin
				board;
5. Whether the vendor 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
				vendor or subcontractor has posted Federal or State issued EEO posters on the
				job site bulletin board;
7. Whether
				the vendor or subcontractor has identified an EEO Officer and established job
				duties in writing for such position;
8. Whether the vendor or subcontractor has
				developed a basic complaint procedure;
9. Whether the vendor 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 vendor 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 vendor or subcontractor has considered promoting minority
				and women employees within its organization;
12. Whether the vendor or subcontractor
				attempted to hire minorities and women based upon the anticipated expansion,
				contraction and turnover of its workforce;
13. Whether the vendor 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 vendor 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 vendor 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 vendor
				or subcontractor has actively recruited beyond the traditional sources to
				attract minority and women applicants;
17. Whether the vendor or subcontractor has
				reviewed all personnel actions to ensure actions are taken in compliance with
				the company's EEO policy; and
18.
				Whether the vendor 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.