NEW JERSEY STATE POLICY PROHIBITING DISCRIMINATION IN

NEW JERSEY STATE

POLICY PROHIBITING DISCRIMINATION IN THE WORKPLACE

I. POLICY

a. Protected Categories

The State of New Jersey is committed to providing every State employee and prospective

State employee with a work environment free from prohibited discrimination or

harassment. Under this policy, forms of employment discrimination or harassment based

upon the following protected categories are prohibited and will not be tolerated: race,

creed, color, national origin, nationality, ancestry, age, sex/gender, pregnancy, marital

status, civil union status, domestic partnership status, familial status, religion, affectional

or sexual orientation, gender identity or expression, atypical hereditary cellular or blood

trait, genetic information, liability for service in the Armed Forces of the United States, or

disability.

To achieve the goal of maintaining a work environment free from discrimination and

harassment, the State of New Jersey strictly prohibits the conduct that is described in this

policy. This is a zero tolerance policy. This means that the State and its agencies reserve

the right to take either disciplinary action, if appropriate, or other corrective action, to

address any unacceptable conduct that violates this policy, regardless of whether the

conduct satisfies the legal definition of discrimination or harassment.

b. Applicability

Prohibited discrimination/harassment undermines the integrity of the employment

relationship, compromises equal employment opportunity, debilitates morale, and

interferes with work productivity. Thus, this policy applies to all employees and applicants

for employment in State departments, commissions, State colleges or universities,

agencies, and authorities (hereafter referred to in this section as “State agencies” or

“State agency”). The State of New Jersey will not tolerate harassment or discrimination

by anyone in the workplace including supervisors, coworkers, employees of Gubernatorial

Transition Offices, or persons doing business with the State. This policy also applies to

conduct that occurs in the workplace and conduct that occurs at any location that can be

reasonably regarded as an extension of the workplace (any field location, any off-site

business-related social function, or any facility where State business is being conducted

and discussed). This policy also applies to posts on any social media site and/or electronic

device, personal or business, that adversely affects the work environment defined by the

State Policy.

This policy also applies to third party harassment. Third party harassment is unwelcome

behavior involving any of the protected categories referred to in (a) above that is not

directed at an individual but exists in the workplace and interferes with an individual’s

ability to do his or her job. Third party harassment based upon any of the aforementioned

protected categories is prohibited by this policy.

II. PROHIBITED CONDUCT

a. Defined

It is a violation of this policy to engage in any employment practice or procedure that treats

an individual less favorably based upon any of the protected categories referred to in (a)

above. This policy pertains to all employment practices such as recruitment, selection,

hiring, training, promotion, transfer, assignment, layoff, return from layoff, termination,

demotion, discipline, compensation, fringe benefits, working conditions, and career

development.

It is a violation of this policy to use derogatory or demeaning references regarding a

person's race, gender, age, religion, disability, affectional or sexual orientation, ethnic

background, or any other protected category set forth in (a) above. A violation of this

policy can occur even if there was no intent on the part of an individual to harass or

demean another.

Examples of behaviors that may constitute a violation of this policy

include, but are not limited to:

▪ Discriminating against an individual with regard to terms and conditions of

employment because of being in one or more of the protected categories referred to

in (a) above;

▪ Treating an individual differently because of the individual’s race, color, national origin,

or other protected category, or because an individual has the physical, cultural, or

linguistic characteristics of a racial, religious, or other protected category;

▪ Treating an individual differently because of marriage to, civil union to, domestic

partnership with, or association with persons of a racial, religious, or other protected

category; or due to the individual’s membership in or association with an organization

identified with the interests of a certain racial, religious, or other protected category;

or because an individual’s name, domestic partner’s name, or spouse’s name is

associated with a certain racial, religious, or other protected category;

▪ Calling an individual by an unwanted nickname that refers to one or more of the above

protected categories, or telling jokes pertaining to one or more protected categories;

▪ Using derogatory references with regard to any of the protected categories in any

communication;

▪ Engaging in threatening, intimidating, or hostile acts toward another individual in the

workplace because that individual belongs to, or is associated with, any of the

protected categories; or

▪ Displaying or distributing materials, in the workplace or outside of the workplace that

has an adverse impact on the work environment, including electronic communications,

that contains derogatory or demeaning language or images pertaining to any of the

protected categories.

b. Sexual Harassment

It is a violation of this policy to engage in sexual (or gender-based) harassment of any

kind, including hostile work environment harassment, quid pro quo harassment, or same-

sex harassment. For the purposes of this policy, sexual harassment is defined, as in the

Equal Employment Opportunity Commission Guidelines, as unwelcome sexual

advances, requests for sexual favors, and other verbal or physical conduct of a sexual

nature when, for example:

▪ Submission to such conduct is made either explicitly or implicitly a term or condition

of an individual's employment;

▪ Submission to or rejection of such conduct by an individual is used as the basis for

employment decisions affecting such individual; or

▪ Such conduct has the purpose or effect of unreasonably interfering with an individual's

work performance or creating an intimidating, hostile, or offensive working

environment.

Examples of prohibited behaviors that may constitute sexual harassment and are,

therefore, a violation of this policy include, but are not limited to:

▪ Generalized gender-based remarks and comments;

▪ Unwanted physical contact, such as intentional touching, grabbing, pinching, brushing

against another's body, or impeding or blocking movement;

▪ Sexual physical contact that involves any form of coercion, force, or lack of consent,

such as sexual assault;

▪ Verbal, written, or electronic sexually suggestive or obscene comments, jokes, or

propositions, including letters, notes, e-mail, text messages, invitations, gestures, or

inappropriate comments about a person’s clothing;

▪ Visual contact, such as leering or staring at another's body; gesturing; displaying

sexually suggestive objects, cartoons, posters, magazines, or pictures of scantily-clad

individuals; or displaying sexually suggestive material on a bulletin board, on a locker

room wall, or on a screen saver;

▪ Explicit or implicit suggestions of sex by a supervisor or manager in return for a

favorable employment action such as hiring, compensation, promotion, or retention;

▪ Suggesting or implying that failure to accept a request for a date or sex would result

in an adverse employment consequence with respect to any employment practice

such as performance evaluation, or promotional opportunity; or

▪ Continuing to engage in certain behaviors of a sexual nature after an objection has

been raised by the target of such inappropriate behavior.

III. EMPLOYEE RESPONSIBILITIES

Any employee who believes that she/he or they have been subjected to any form of

prohibited discrimination/harassment, or who witnesses others being subjected to such

discrimination/harassment, should promptly report the incident(s) to a supervisor or

directly to the State agency’s Equal Employment Opportunity/Affirmative Action Officer or

to any other persons designated by the State agency to receive workplace discrimination

complaints. A person who wishes to take action about prohibited sexual physical contact

can file a criminal complaint with law enforcement of the municipality where the incident

occurred. That person can also make a criminal report and a report to his/her or their

supervisor/manager and/or Equal Employment Opportunity/Affirmative Action Officer;

one does not have to choose one or the other.

All employees are expected to cooperate with investigations undertaken pursuant to VI

below. Failure to cooperate in an investigation may result in administrative and/or

disciplinary action, up to and including termination of employment.

IV. SUPERVISOR RESPONSIBILITIES

Supervisors shall make every effort to maintain a work environment that is free from any

form of prohibited discrimination/harassment. Supervisors shall immediately refer

allegations of prohibited discrimination/harassment to the State agency’s Equal

Employment Opportunity/Affirmative Action Officer, or any other individual designated by

the State agency to receive complaints of workplace discrimination/harassment. A

supervisor’s failure to comply with these requirements may result in administrative and/or

disciplinary action, up to and including termination of employment. For purposes of this

section and in the State of New Jersey Model Procedures for Processing Internal

Complaints Alleging Discrimination in the Workplace (“Model Procedures”; N.J.A.C. 4A:7-

3.2.), a supervisor is defined broadly to include any manager or other individual who has

authority to control the work environment of any other staff member (for example, a project

leader). N.J.A.C. 4A:7-3.1(e)

V. DISSEMINATION

Each State agency shall annually distribute the policy described in this section, or a

summarized notice of it, to all of its employees, including part-time and seasonal

employees. The policy, or summarized notice of it, shall also be posted in conspicuous

locations throughout the buildings and grounds of each State agency (that is, on bulletin

boards or on the State agency’s intranet site). The Department of the Treasury shall

distribute the policy to Statewide vendors/contractors, whereas each State agency shall

distribute the policy to vendors/contractors with whom the State agency has a direct

relationship.

VI. COMPLAINT PROCESS

Each State agency shall follow the State of New Jersey Model Procedures for Processing

Internal Complaints Alleging Discrimination in the Workplace with regard to reporting,

investigating, and where appropriate, remediating claims of discrimination/harassment.

See N.J.A.C. 4A:7-3.2 and N.J.S.A. 11A:7-3. Each State agency is responsible for

designating an individual, or individuals, to receive complaints of

discrimination/harassment, investigating such complaints, and recommending

appropriate remediation of such complaints. In addition to the Equal Employment

Opportunity/Affirmative Action Officer, each State agency shall designate an alternate

person to receive claims of discrimination/harassment.

All investigations of discrimination/harassment claims shall be conducted in a way that

respects, to the extent possible, the privacy of all the persons involved. The investigations

shall be conducted in a prompt, thorough, and impartial manner. The results of the

investigation shall be forwarded to the respective State agency head to make a final

decision as to whether a violation of the policy has been substantiated.

Where a violation of this policy is found to have occurred, the State agency shall take

prompt and appropriate remedial action to stop the behavior and deter its reoccurrence.

The State agency shall also have the authority to take prompt and appropriate remedial

action, such as moving two employees apart, before a final determination has been made

regarding whether a violation of this policy has occurred.

The remedial action taken may include counseling, training, intervention, mediation,

and/or the initiation of disciplinary action up to and including termination of employment.

Each State agency shall maintain a written record of the discrimination/harassment

complaints received. Written records, consisting of the investigative report and any

attachments, including witness statements, shall be maintained as confidential records to

the extent practicable and appropriate and will maintain so indefinitely.

VII. PROHIBITION AGAINST RETALIATION

Retaliation against any employee who alleges that she/he or they were the victim of

discrimination/harassment, provides information in the course of an investigation into

claims of discrimination/harassment in the workplace, or opposes a discriminatory

practice, is prohibited by this policy. No employee bringing a complaint, providing

information for an investigation, or testifying in any proceeding under this policy shall be

subjected to adverse employment consequences based upon such involvement or be the

subject of other retaliation.

Following are examples of prohibited actions taken against an employee because the

employee has engaged in activity protected by this subsection:

▪ Termination of an employee;

▪ Failing to promote an employee;

▪ Altering an employee’s work assignment for reasons other than legitimate business

reasons;

▪ Imposing or threatening to impose disciplinary action on an employee for reasons

other than legitimate business reasons; or

▪ Ostracizing an employee (for example, excluding an employee from an activity or

privilege offered or provided to all other employees).

VIII. FALSE ACCUSATIONS AND INFORMATION

The burden is on the complainant to articulate a sufficient nexus between the alleged

conduct to a protected category pursuant to the State Policy. An employee who knowingly

makes a false accusation of prohibited discrimination/harassment or knowingly provides

false information in the course of an investigation of a complaint, will be subjected to

administrative and/or disciplinary action, up to and including termination of employment.

Complaints made in good faith, however, even if found to be unsubstantiated, shall not

be considered a false accusation.

IX. CONFIDENTIALITY

All complaints and investigations shall be handled, to the extent possible, in a manner

that will protect the privacy interests of those involved. To the extent practical and

appropriate under the circumstances, confidentiality shall be maintained throughout the

investigative process. In the course of an investigation, it may be necessary to discuss

the claims with the person(s) against whom the complaint was filed and other persons

who may have relevant knowledge or who have a legitimate need to know about the

matter. In order to protect the integrity of the investigation, minimize the risk of retaliation

against the individuals participating in the investigative process, and protect the important

privacy interests of all concerned, the EEO/AA Officer/investigator shall request that all

persons interviewed, including witnesses, not discuss any aspect of the investigation with

others, unless there is a legitimate business reason to disclose such information.

X. ADMINISTRATIVE AND/OR DISCIPLINARY ACTION

Any employee found to have violated any portion or portions of this policy may be subject

to appropriate administrative and/or disciplinary action which may include, but which shall

not be limited to: referral for training, referral for counseling, written or verbal reprimand,

suspension, reassignment, demotion, or termination of employment. Referral to another

appropriate authority for review for possible violation of State and Federal statutes may

also be appropriate.

XI. TRAINING

All State agencies shall provide all new employees with training on the policy and

procedures set forth in this section within a reasonable period of time after each new

employee’s appointment date. Refresher training shall be provided to all employees,

including supervisors, within a reasonable period of time. All State agencies shall also

provide supervisors with training on a regular basis regarding their obligations and duties

under the policy and regarding procedures set forth in this section.

State employees responsible for managing and investigating complaints of harassment

or discrimination, in consultation with the Division of EEO/AA and another organization

with expertise in response to and prevention of sexual violence, such as the Department

of Law and Public Safety and the New Jersey Coalition Against Sexual Assault, shall

receive additional training. Each State employee who receives such additional training

shall complete a refresher course every three years.

Issued: December 16, 1999

Revised: June 3, 2005

Revised: September 5, 2013

Revised: September 11, 2019

Revised: August 19, 2020

See N.J.A.C. 4A:7-3.1, N.J.A.C. 4A:7-3.2 and N.J.S.A. 11A:7-3