Bill Text: NJ A4508 | 2024-2025 | Regular Session | Introduced
Bill Title: Removes exclusion of affectional or sexual orientation and gender identity or expression from affirmative action programs under public works contracts.
Spectrum: Unknown
Status: (Introduced) 2024-06-06 - Introduced, Referred to Assembly State and Local Government Committee [A4508 Detail]
Download: New_Jersey-2024-A4508-Introduced.html
Sponsored by:
Assemblywoman LUANNE M. PETERPAUL
District 11 (Monmouth)
SYNOPSIS
Removes exclusion of affectional or sexual orientation and gender identity or expression from affirmative action programs under public works contracts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning affirmative action programs under public works contracts and amending P.L.1975, c.127.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1975, c.127 (C.10:5-32) is amended to read as follows:
2. No public works contract shall be awarded by the State, a county, municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, nor shall any moneys be paid thereunder to any contractor, subcontractor or business firm which has not agreed and guaranteed to afford equal opportunity in performance of the contract and [, except with respect to affectional or sexual orientation, and gender identity or expression,] in accordance with an affirmative action program approved by the State Treasurer.
(cf: P.L.2006, c.100, s.13)
2. Section 3 of P.L.1975, c.127 (C.10:5-33) is amended to read as follows:
3. The State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, shall include in the bid specifications and the contract provisions of any public works contract the following language:
"During the performance of this contract, the contractor agrees as follows:
a. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. [Except with respect to affectional or sexual orientation and gender identity or expression, the] The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause;
b. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex;
c. The contractor or subcontractor where applicable, will send to each labor union or representative of workers with which [he has] they have a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment."
In soliciting bids for any public works contract the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, shall include in the advertisement and solicitation of bids the following language: "Bidders are required to comply with the requirements of P.L.1975, c.127."
(cf: P.L.2006, c.100, s.14)
3. Section 4 of P.L.1975, c.127 (C.10:5-34) is amended to read as follows:
4. Each prospective bidder on a public works contract or contracts and each subcontract bidder to a prime contract bidder shall formulate and submit to the State Treasurer [his] their or its affirmative action program of equal opportunity whereby [he] they or it guarantees minorities employment in all employment categories; the submission shall be accompanied by a fee in an amount to be fixed by the State Treasurer. [For the purposes of this section, equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation and gender identity or expression.] The State Treasurer shall notify the bidder of approval or disapproval of [his] their or its program within 60 days of its submission; failure of the State Treasurer to so act within 60 days shall constitute approval of the program. Any existing federally approved or sanctioned affirmative action program shall be approved by the State Treasurer.
No subcontract bidder who has less than five employees need comply with the provisions of this section.
(cf: P.L.2006, c.100, s.15)
4. This act shall take effect on the 120th day after the date of enactment, except that the State Treasurer may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill revises various sections of law to remove the exclusion of affectional or sexual orientation and gender identity or expression from affirmative action programs under public works contracts.
