New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES
Subchapter 2 - DEFINITIONS
Section 17:27-2.1 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Advanced trainee" means a minority worker or woman worker who is classified by the public agency compliance officer, designated by a public agency that has received delegated authority from the Division or Department, a contractor, subcontractor, union, the State training and employment service, apprentice program, referral agency, or other party acceptable to the Division or Department as having experience and skills used in a particular craft or occupation, but lacking the skills to be qualified as a journey worker.
"Affirmative action," whether used separately or in combination with other words or phrases (including, but not limited to, "program," "equal employment opportunity" and "EEO/AA"), means good faith steps taken to ensure equal opportunity employment for women and minority workers but does not include employment quotas, except where otherwise permitted and appropriate under applicable law.
"Affirmative action plan" means an outline of the steps a contractor or vendor will implement to achieve equal employment opportunity and affirmative action and/or to correct its equal employment and affirmative action program deficiencies.
"Affirmative action program" means a program that complies with the provisions of N.J.A.C. 17:27-4 or 6.
"Certificate of employee information report" means the certificate issued by the Division upon the initial receipt of a properly completed employee information report, Form AA302, from a vendor, including professional services contractors.
"Construction contract" means any contract entered into by a public agency for the construction, alteration, repair, or demolition of any building or other public work. Excluded from this definition are contractual agreements between public agencies.
"Construction contractor" means any party that enters into or offers to enter into a construction contract with a public agency.
"Construction project" means the construction, alteration, repair, or demolition of the specific building or other public work that is the subject of a construction contract.
"Contractor" means any party that enters into or offers to enter into a construction or goods and services contract with a public agency. The term also includes consultants, non-profits and providers of professional services.
"Department" means the Department of Labor and Workforce Development, Construction Contract Compliance Unit. The Department is responsible for monitoring the EEO/AA compliance of construction contractors.
"Director" means the State official in charge of the Division.
"Division" means the Division of Purchase and Property established in the State of New Jersey, Department of the Treasury. The Division is responsible for monitoring the EEO/AA compliance of goods and services (including professional services) vendors and public agencies, respectively.
"Employee information report" means Form AA302, which requires a breakdown of the vendor's workforce.
"Exhibit A" means the mandatory EEO/AA language that must be included in all contracts for goods and services (including professional services) awarded by a public agency in the State of New Jersey. See N.J.A.C. 17:27-3.5 and 3.7.
"Exhibit B" means the mandatory EEO/AA language that must be included in all construction contracts awarded by a public agency in the State of New Jersey. See 17:27-3.6 and 3.8.
"Goods and services contract" means any contract entered into by a public agency for the acquisition of materials, equipment, supplies, or services, including a contract for professional services. Excluded from this definition are contractual agreements between public agencies.
"Initial Project Workforce Report" means Form AA201, which requires a projected breakdown of the number of all workers per trade and of minorities and women on a construction project.
"Journey worker" means a worker who has been certified by the public agency compliance officer designated by a public agency who has received delegated authority from the Department, a contractor, subcontractor, union, the State training and employment service, apprentice program, referral agency, or other party acceptable to the Department as having mastered a craft or trade.
"Minority worker" means a worker who is Black, Hispanic, Asian or American Indian defined as follows:
1. Black, not of Hispanic Origin means persons having origins in any of the black racial groups of Africa.
2. Hispanic means persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
3. Asian or Pacific Islander means persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area includes Hawaii, Pakistan, Korea, China, Japan, Vietnam, Cambodia and the Philippine Islands and Samoa.
4. American Indian or Alaskan Native means persons having origins in any of the original people of North America and who maintain cultural identification through tribal affiliation or community recognition.
"Program Monitoring Unit" means the Construction Unit, Procurement Unit, or Public Agency Unit, within the Division or Department, which are responsible for monitoring the equal employment opportunity/affirmative action compliance of construction contractors, goods and services, and professional service vendors and public agencies, respectively.
"Public agency" means any State, county, municipality, school districts, or other political subdivisions of the State, or any agency of, or authority created by, any of the foregoing.
"Public agency compliance officer" means the officer or employee, who may be an existing officer or employee, designated by the public agency awarding a contract in accordance with 17:27-3.2 and 10:5-36(f).
"Public agency contract" means any construction contract or goods and services contract, including a professional services contract. Included in this definition are contracts qualifying for other exemption from formal bidding requirements. Excluded from this definition are contractual agreements between public agencies.
"Public works contract" means any contract to be performed for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency or authority created by any of the foregoing, for the construction, alteration, repair, or demolition of any building or public work or for the acquisition of materials, equipment, supplies, or goods and services, including professional services, with respect to which discrimination in the hiring of persons for the performance of work thereunder, or under any subcontract thereunder, by reason of race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex is prohibited under N.J.S.A. 10:2-1.
"Subcontractor" means a third party that is engaged by a contractor to perform, pursuant to a subcontract, all or part of the work included in a public agency contract.
"Total workforce" means a contractor, vendor, or goods and services subcontractor's full complement of employees, including anyone on the company's payroll regardless of full-time, part-time, or temporary status.
"Trainee" means a minority or woman worker who is not eligible for an apprentice program and who is certified by the public agency compliance officer designated by a public agency who has received delegated authority from the Department, a contractor, subcontractor, union, the State training and employment service, apprentice program, referral agency, or other party acceptable to the Department as having no previous experience and skills used in a particular craft or occupation, but has demonstrated an interest in acquiring same and has agreed to enter into an on-site or off-site training program approved by a contractor, subcontractor, public agency compliance officer, or the Department.
"Treasurer" means the Treasurer of the State of New Jersey or his or her designee.
"Vendor" means any party, including a provider of professional services, that enters into or offers to enter into a goods and services contract with a public agency.
