New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 10 - PUBLIC WORKS CONTRACTOR AND QUALIFYING SERVICES CONTRACTOR REPORTING REQUIREMENTS UNDER THE DIANE B. ALLEN EQUAL PAY ACT, P.L. 2018, c. 9, Section 5 (N.J.S.A. 34:11-56.14)
Subchapter 2 - REPORTING REQUIREMENT FOR QUALIFYING SERVICES
Section 12:10-2.5 - Sex, race, and ethnicity

Universal Citation: NJ Admin Code 12:10-2.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The covered employer shall place employees into one of the following sex categories:

1. Male;

2. Female; or

3. Non-binary.

(b) The covered employer shall place employees into one of the following race categories:

1. Asian;

2. Black or African American;

3. Native Hawaiian or Pacific Islander;

4. American Indian or Native Alaskan;

5. White; or

6. "2 or More Races."

1. Hispanic or Latino; or

2. Not Hispanic or Latino.

(d) The covered employer shall include within the Annual Equal Pay Report for Qualifying Services information on employees' sex, race, and ethnicity. The employer may not leave any of these three spaces blank on the Annual Equal Pay Report for Qualifying Services.

(e) Before the covered employer identifies an employee's sex, race, or ethnicity, the employee shall be given an opportunity to voluntarily self-identify.

(f) For the purpose of offering employees the opportunity to voluntarily self-identify sex, race, or ethnicity under (e) above, the covered employer may offer a statement about the voluntary nature of the inquiry, such as the following:

1. The employer is subject to New Jersey reporting requirements for the administration of civil rights laws, rules, and regulations. In order to comply with these requirements, the employer invites employees to voluntarily self-identify their sex, race, and ethnicity. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information obtained may only be used in accordance with the provisions of applicable laws, rules, and regulations.

(g) Where an employee declines to voluntarily self-identify sex, race, or ethnicity, the covered employer may use other employment records or visual observations for the purpose of identification.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.