New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69K - EQUAL EMPLOYMENT AND BUSINESS OPPORTUNITY › Subchapter 1 - GENERAL PROVISIONS › Section 13:69K-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Affectional or sexual orientation" is defined in
				  10:5-5.
"Atypical hereditary cellular or blood trait" is defined in
				  10:5-5.
"Change in ownership or management" means any change in the
				  ownership or management of a casino licensee or casino license applicant, which
				  could enable an involuntary change in the existing policy of the casino
				  licensee or casino license applicant to occur, and shall include, without
				  limitation, the sale of a controlling interest in the casino licensee or casino
				  license applicant or a holding company thereof, or the replacement of the chief
				  executive officer of the casino licensee or casino license applicant. Such
				  terms and words apply equally to casino service industry enterprise licensees
				  and casino service industry enterprise license applicants.
"Construction" or "renovation" or "reconstruction" means any
				  construction, renovation, reconstruction, rehabilitation, alteration,
				  conversion, extension, demolition, repair or other changes or improvements of
				  any kind whatsoever of any structure or facility to be used as an approved
				  hotel, casino, casino simulcasting facility or related facility. These terms
				  also include the maintenance, supervision, inspection, and other on-site
				  functions incidental to the actual construction.
"Contract" means any written or unwritten agreement between
				  two or more persons.
"Contractor" means any party performing or offering to
				  perform pursuant to a contract.
"Disability" means a physical or mental impairment which is
				  included in the definition of "handicapped" contained in the Law Against
				  Discrimination,
				  10:5-5,
				  or in the definition of "disability" contained in the Americans with
				  Disabilities Act of 1990,
				  42 U.S.C. §§
										12101 et seq., and attendant
				  regulations.
"Equal business opportunity" means the opportunity of any
				  person to buy from, sell to, lease from or to, license, contract with, trade
				  with, provide goods, services, or information to, or do business with, any
				  other person free from harassment, including sexual harassment, and without
				  regard to the race, creed, color, national origin, ancestry, age, pregnancy or
				  breastfeeding, sex, gender identity or expression, affectional or sexual
				  orientation, marital status, civil union status, domestic partnership status,
				  atypical hereditary cellular or blood trait, liability for service in the armed
				  forces of the United States, disability (where reasonable accommodation may be
				  made to allow for such disability without causing an undue hardship on the
				  person doing business), nationality, or rehabilitated offender status of such
				  person or such person's partners, members, stockholders, directors, officers,
				  managers, agents, employees , business associates, or suppliers.
"Equal Employment and Business Opportunity Plan (EEBOP)" is
				  defined in N.J.A.C. 13:69K-6.
"Equal employment opportunity" means the opportunity of any
				  person to apply for, obtain, and retain employment, transfer, promotion, pay
				  raises, benefits, and training free from harassment, including sexual
				  harassment, and without regard to the race, creed, color, national origin,
				  ancestry, age, marital status, civil union status, domestic partnership status,
				  affectional or sexual orientation, genetic information, pregnancy or
				  breastfeeding, sex, gender identity or expression, disability (where reasonable
				  accommodation may be made to allow for such disability without causing an undue
				  hardship on the employer), atypical hereditary cellular or blood trait,
				  liability for service in the armed forces of the United States, the nationality
				  of any individual, because of the refusal to submit to a genetic test or make
				  available the results of a genetic test to an employer, or rehabilitated
				  offender status of such person's partners, members, stockholders, directors,
				  officers, managers, or employees.
"Equal opportunity officer" means a person appointed pursuant
				  to the provisions of N.J.S.A. 5:12-135f and
				  N.J.A.C.
				  13:69K-1.4 or 3.1, to assure compliance with
				  this chapter and any Federal or State laws regarding equal employment and
				  business opportunity including, but not limited to, the prohibitions against
				  discrimination and harassment under the Law Against Discrimination, N.J.S.A.
				  10:5-1 et seq.
"Liability for service in the armed forces of the United
				  States" is defined in
				  10:5-5.
"Operations work force" means all employees of a casino
				  licensee or casino license applicant who work in, or in support of, the casino
				  hotel, casino, casino simulcasting facility, or a related facility.
"Plan Prohibiting Harassment and Discrimination (PPHD)" means
				  as defined at N.J.A.C. 13:69K-5.
"Rehabilitated offender" means any person who has been
				  convicted of, or has committed, a disqualifying offense pursuant to N.J.S.A.
				  5:12-86 and who has been found rehabilitated from such offense pursuant to the
				  provisions of N.J.S.A. 5:12-91d.
"Sexual harassment" is a type of sex discrimination
				  prohibited by the Law Against Discrimination,
				  N.J.S.A.
				  10:5-1et seq., and means unwelcome sexual
				  advances, requests for sexual favors, and other verbal or physical conduct of a
				  sexual nature when, for example (1) submission to such conduct is made either
				  explicitly or implicitly a term or condition of an individual's employment; (2)
				  submission to, or rejection of, such conduct by an individual is used as the
				  basis for employment decisions affecting that individual; or (3) such conduct
				  has the purpose or effect of unreasonably interfering with an individual's work
				  performance or creating an intimidating, hostile, or offensive working
				  environment.
"Subcontract" means a binding legal relationship involving
				  performance by a subcontractor of all or part of a contract or
				  subcontract.
"Subcontractor" means any party engaged by a contractor or
				  subcontractor to perform, under a subcontract, all or part of the work included
				  in a contract or subcontract.