New Jersey-2018-A4641-Introduced

An Act requiring each county and municipality to adopt an anti-sexual harassment policy and supplementing chapter 9 of Title 40A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Director of the Division of Local Government Services in the Department of Community Affairs, in consultation with the Director of the Division on Civil Rights in the Department of Law and Public Safety, shall, on or before the first day of the sixth month next following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.) establishing an anti-sexual harassment policy for use by local units.

b. The policy shall include, at a minimum, provisions that:

(1) define sexual harassment consistent with the United States Equal Employment Opportunity Commission guidelines;

(2) provide that an act of sexual harassment is a violation of the policy;

(3) require that the policy apply to all officers and employees of the local unit, as well as any third-parties who have or conduct business with the local unit;

(4) establish procedures for filing and investigating complaints regarding allegations of sexual harassment;

(5) provide for the confidentiality, to the extent practicable, of sexual harassment complaints and investigations;

(6) prohibit retaliation because of a good-faith filing of a complaint or participation in the investigation of a complaint; and

(7) establish appropriate disciplinary measures for any violations of the policy determined by an investigation.

c. Except as provided by subsection d. of this section, the governing body of each local unit shall adopt the anti-sexual harassment policy established pursuant to subsection a. of this section no later than 90 days after the promulgation of the regulations establishing the policy.

d. The governing body of a local unit may, in lieu of adopting the anti-sexual harassment policy pursuant to subsection c. of this section, submit a proposed anti-sexual harassment policy to the Director of the Division of Local Government Services in the Department of Community Affairs no later than 90 days after the promulgation of the regulations establishing the policy. If the director determines a proposed policy is consistent with the policy established by subsection a. of this section, the director shall approve the policy and the governing body of the local unit shall adopt its proposed policy. If the director determines a proposed policy is inconsistent with the policy established by subsection a. of this section, the director shall either conditionally approve the policy upon the adoption of amendments identified by the director or reject the policy. If the governing body of a local unit fails to adopt amendments required by the director within 30 days of receipt thereof or a proposed policy is rejected by the director, the governing body shall forthwith adopt the policy established by subsection a. of this section.

e. Any policy adopted pursuant to this section shall not prevent an individual from reporting or filing a complaint of alleged sexual harassment directly with any court or external agency instead of, or in addition to, utilizing the procedures of the policy.

2. This act shall take effect immediately.

STATEMENT

This bill would ensure that all counties and municipalities have an anti-sexual harassment policy in effect. The bill would require that each county or municipality adopt either an anti-sexual harassment policy established by the Director of the Division of Local Government Services in the Department of Community Affairs (DLGS), in consultation with the Director of the Division on Civil Rights in the Department of Law and Public Safety, or its own policy approved by the Director of DLGS. This bill would ensure that every county and municipality in the State has a policy in place to safeguard its officers and employees from sexual harassment.

The Director of DLGS would have to adopt an anti-sexual harassment policy that meets the minimum requirements of the bill by the first day of the sixth month next following the bill's enactment. Each county and municipality would then have 90 days from the promulgation of that policy to either adopt that policy or submit its own policy for approval by the Director of DLGS.