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.
