New Jersey Affirmative Action laws & HR compliance analysis

New Jersey Affirmative Action: What you need to know

Affirmative action laws require an employer to make proactive efforts to represent individuals from certain protected classes in the workplace. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons but do not mandate proactive steps in their favor. This section is limited to a discussion of affirmative action requirements.
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Private employers. Except for certain requirements applicable to government contractors (see below), New Jersey does not have affirmative action requirements for private employers. Such employers, are, however, subject to comprehensive nondiscrimination requirements pursuant to the New Jersey Law Against Discrimination.
Public employers. The New Jersey Equal Employment in State Government Law applies to state agencies and broadly mandates equal employment opportunities in state government (NJ Rev. Stat. Sec. 11A:7-1et seq.). The law is implemented through the Equal Employment Opportunity and Affirmative Action Rules for State Contractors (NJ Admin. Code Sec. 4A:7-1.1 et seq.). These rules state that opportunities for employment in state government will be equal for all persons, regardless of race, creed, color, national origin, ancestry, sex, affectional or sexual orientation, age, marital status, domestic partnership status, familial status, atypical hereditary cellular or blood trait, genetic information, religion, disability, or liability for service in the United States armed forces. As to all of these classifications, the rules prohibit discriminatory practices in recruitment, selection, testing, hiring, training, promotion, ...

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