New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - DEFINITIONS › Section 17:27-2.1 - 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.
"Advanced trainee" means a minority worker or woman worker
				  who is classified by the public agency compliance officer, designated by a
				  public agency that has received delegated authority from the Division or
				  Department, a contractor, subcontractor, union, the State training and
				  employment service, apprentice program, referral agency, or other party
				  acceptable to the Division or Department as having experience and skills used
				  in a particular craft or occupation, but lacking the skills to be qualified as
				  a journey worker.
"Affirmative action," whether used separately or in
				  combination with other words or phrases (including, but not limited to,
				  "program," "equal employment opportunity" and "EEO/AA"), means good faith steps
				  taken to ensure equal opportunity employment for women and minority workers but
				  does not include employment quotas, except where otherwise permitted and
				  appropriate under applicable law.
"Affirmative action plan" means an outline of the steps a
				  contractor or vendor will implement to achieve equal employment opportunity and
				  affirmative action and/or to correct its equal employment and affirmative
				  action program deficiencies.
"Affirmative action program" means a program that complies
				  with the provisions of N.J.A.C. 17:27-4 or 6.
"Certificate of employee information report" means the
				  certificate issued by the Division upon the initial receipt of a properly
				  completed employee information report, Form AA302, from a vendor, including
				  professional services contractors.
"Construction contract" means any contract entered into by a
				  public agency for the construction, alteration, repair, or demolition of any
				  building or other public work. Excluded from this definition are contractual
				  agreements between public agencies.
"Construction contractor" means any party that enters into or
				  offers to enter into a construction contract with a public agency.
"Construction project" means the construction, alteration,
				  repair, or demolition of the specific building or other public work that is the
				  subject of a construction contract.
"Contractor" means any party that enters into or offers to
				  enter into a construction or goods and services contract with a public agency.
				  The term also includes consultants, non-profits and providers of professional
				  services.
"Department" means the Department of Labor and Workforce
				  Development, Construction Contract Compliance Unit. The Department is
				  responsible for monitoring the EEO/AA compliance of construction
				  contractors.
"Director" means the State official in charge of the
				  Division.
"Division" means the Division of Purchase and Property
				  established in the State of New Jersey, Department of the Treasury. The
				  Division is responsible for monitoring the EEO/AA compliance of goods and
				  services (including professional services) vendors and public agencies,
				  respectively.
"Employee information report" means Form AA302, which
				  requires a breakdown of the vendor's workforce.
"Exhibit A" means the mandatory EEO/AA language that must be
				  included in all contracts for goods and services (including professional
				  services) awarded by a public agency in the State of New Jersey. See
				  N.J.A.C.
				  17:27-3.5 and 3.7.
"Exhibit B" means the mandatory EEO/AA language that must be
				  included in all construction contracts awarded by a public agency in the State
				  of New Jersey. See
				  17:27-3.6 and 3.8.
"Goods and services contract" means any contract entered into
				  by a public agency for the acquisition of materials, equipment, supplies, or
				  services, including a contract for professional services. Excluded from this
				  definition are contractual agreements between public agencies.
"Initial Project Workforce Report" means Form AA201, which
				  requires a projected breakdown of the number of all workers per trade and of
				  minorities and women on a construction project.
"Journey worker" means a worker who has been certified by the
				  public agency compliance officer designated by a public agency who has received
				  delegated authority from the Department, a contractor, subcontractor, union,
				  the State training and employment service, apprentice program, referral agency,
				  or other party acceptable to the Department as having mastered a craft or
				  trade.
"Minority worker" means a worker who is Black, Hispanic,
				  Asian or American Indian defined as follows:
1. Black, not of Hispanic Origin means persons having origins
				  in any of the black racial groups of Africa.
2. Hispanic means persons of Mexican, Puerto Rican, Cuban,
				  Central or South American or other Spanish culture or origin, regardless of
				  race.
3. Asian or Pacific Islander means persons having origins in
				  any of the original peoples of the Far East, Southeast Asia, the Indian
				  Subcontinent, or the Pacific Islands. This area includes Hawaii, Pakistan,
				  Korea, China, Japan, Vietnam, Cambodia and the Philippine Islands and
				  Samoa.
4. American Indian or Alaskan Native means persons having
				  origins in any of the original people of North America and who maintain
				  cultural identification through tribal affiliation or community recognition.
"Program Monitoring Unit" means the Construction Unit,
				  Procurement Unit, or Public Agency Unit, within the Division or Department,
				  which are responsible for monitoring the equal employment
				  opportunity/affirmative action compliance of construction contractors, goods
				  and services, and professional service vendors and public agencies,
				  respectively.
"Public agency" means any State, county, municipality, school
				  districts, or other political subdivisions of the State, or any agency of, or
				  authority created by, any of the foregoing.
"Public agency compliance officer" means the officer or
				  employee, who may be an existing officer or employee, designated by the public
				  agency awarding a contract in accordance with
				  17:27-3.2 and
				  10:5-36(f).
"Public agency contract" means any construction contract or
				  goods and services contract, including a professional services contract.
				  Included in this definition are contracts qualifying for other exemption from
				  formal bidding requirements. Excluded from this definition are contractual
				  agreements between public agencies.
"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, repair, or demolition of any
				  building or public work or for the acquisition of materials, equipment,
				  supplies, or goods and services, including professional 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, gender identity or expression, disability, nationality, or sex is
				  prohibited under
				  N.J.S.A.
				  10:2-1.
"Subcontractor" means a third party that is engaged by a
				  contractor to perform, pursuant to a subcontract, all or part of the work
				  included in a public agency contract.
"Total workforce" means a contractor, vendor, or goods and
				  services subcontractor's full complement of employees, including anyone on the
				  company's payroll regardless of full-time, part-time, or temporary
				  status.
"Trainee" means a minority or woman worker who is not
				  eligible for an apprentice program and who is certified by the public agency
				  compliance officer designated by a public agency who has received delegated
				  authority from the Department, a contractor, subcontractor, union, the State
				  training and employment service, apprentice program, referral agency, or other
				  party acceptable to the Department as having no previous experience and skills
				  used in a particular craft or occupation, but has demonstrated an interest in
				  acquiring same and has agreed to enter into an on-site or off-site training
				  program approved by a contractor, subcontractor, public agency compliance
				  officer, or the Department.
"Treasurer" means the Treasurer of the State of New Jersey or
				  his or her designee.
"Vendor" means any party, including a provider of
				  professional services, that enters into or offers to enter into a goods and
				  services contract with a public agency.