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 3 - REPORTING REQUIREMENT FOR PUBLIC WORKS
Section 12:10-3.3 - Sex and race

Universal Citation: NJ Admin Code 12:10-3.3

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."

(c) The covered employer shall include within the Payroll Certification for Public Works Projects information on employees' sex and race. The employer may not leave either of these spaces blank on the Payroll Certification for Public Works Projects.

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

(e) For the purpose of offering employees the opportunity to voluntarily self-identify sex and race under (d) 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.

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

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