New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69K - EQUAL EMPLOYMENT AND BUSINESS OPPORTUNITY › Subchapter 5 - COMPLIANCE BY CASINO LICENSEES AND CASINO LICENSE APPLICANTS-PREPARATION, IMPLEMENTATION, AND REVIEW OF PLAN PROHIBITING HARASSMENT AND DISCRIMINATION (PPHD) › Section 13:69K-5.3 - Minimum standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division, through Director action, shall determine the minimum standards
				regarding the basic components set forth at N.J.A.C. 13:69K-5.2(a), and such
				current minimum standards are set forth at (b) below.
(b) The Division's minimum standards
				recognize the paramount importance of creating and maintaining a work
				environment that is safe for all employees, one in which diversity, inclusion,
				and the dignity of each employee is respected, and which is free from any form
				of discrimination or harassment. Those standards further recognize that many of
				New Jersey's casino licensees, casino license applicants, and qualifying
				entities have long-standing policies, plans, procedures, and training in place
				to prevent discrimination and harassment, including, but not limited to, sexual
				harassment occurring in the course of employment, whether in the workplace or
				in any work-related setting outside of the workplace. The failure of a casino
				licensee, casino license applicant, or qualifying entity to adopt or
				effectively apply comprehensive written policies addressing the prevention of
				such discrimination or harassment may lead to the violation of Federal, State,
				or local laws, rules, and regulations that could reflect or tend to reflect
				discredit upon the State of New Jersey or its gaming industry. For each basic
				component at N.J.A.C. 13:69K-5.2, the following minimum standards shall apply:
1. The comprehensive written policy shall
				include:
i. An unequivocal statement that
				discrimination and harassment, including sexual harassment, will not be
				tolerated;
ii. An unequivocal
				statement that there is an organizational commitment to diversity, inclusion,
				respect, and the prohibition of discrimination and harassment with the goal to
				create and maintain a safe working environment for all employees;
iii. An unequivocal statement that all
				employees are prohibited from retaliating against an individual who has
				submitted a good faith report regarding discrimination or harassment or any
				witness who has provided information regarding such report;
iv. An easy-to-understand description of
				examples of prohibited conduct; and
v. A statement that examples of "sexual
				harassment" may include, but are not limited to, each of the following actions
				depending on the circumstances: sexually suggestive behavior; sexually
				suggestive staring or leering; sexual or sexually suggestive jokes; sexual
				propositions; sexual or physical contact, including touching, slapping,
				kissing, or pinching; sexual comments, insults, or teasing; sexually offensive
				gestures; intrusive questions about sexual activity; and sexually explicit or
				offensive material that is displayed in a public place or put in an employee's
				work area or belongings;