Establishes Department of Diversity, Equity, and Inclusion as principal department in Executive Branch and specifies functions, powers, and duties of department.

A1678

ASSEMBLY, No. 1678

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblywoman Haider, Assemblyman Rodriguez and
Assemblywoman Park

SYNOPSIS

���� Establishes Department of Diversity, Equity, and
Inclusion as principal department in Executive Branch and specifies functions,
powers, and duties of department.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

establishing the Department of Diversity,
Equity, and Inclusion as a principal department in the Executive Branch and
supplementing Title 52 of the Revised Statues and amending various parts of the
statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)� This act,
P.L.��� , c.�� (C.���� )(pending before the Legislature as this bill), shall be
known and may be cited as the �Diversity, Equity, and Inclusion Act.�

���� 2.��� (New section)� There is
hereby established in the Executive Branch of the State Government a principal
department which shall be known as the Department of Diversity, Equity, and
Inclusion.

���� As used in this act, P.L.��� ,
c.���� (C.������ )(pending before the Legislature as this bill), unless the
context clearly indicates otherwise, the word �department� means the Department
of Diversity, Equity, and Inclusion established herein.

���� 3.��� (New section)� a.� The
administrator and chief executive officer of the department shall be known as
the Commissioner of Diversity, Equity, and Inclusion, and shall be a person
qualified by experience and training to perform the duties of the office.� The
commissioner shall be appointed by the Governor, with advice and consent of the
Senate, and shall serve at the pleasure of the Governor during the Governor�s
term of office and until the appointment and qualification of a successor.� The
commissioner shall devote their entire time and attention to the duties of the
office and shall not engage in any other profession or occupation. The
commissioner shall receive a salary as shall be provided by law.

���� b.��� The commissioner shall
delegate such powers as the commissioner deems appropriate for the efficient
administration of the department, to be exercised under the commissioner�s
direction and supervision by one or more deputy commissioners.� A deputy commissioner
shall devote their entire time and attention to the duties of that office and
shall receive such salary as the commissioner deems appropriate.

���� 4.��� (New section)� The
commissioner, as administrator and chief executive officer of the department,
shall:

���� a.���� Administer the work of
the department;

���� b.���
Appoint
and remove officers and other personnel employed within the department, subject
to the provisions of Title 11A of the Revised Statutes, Civil Service, and
other applicable statutes, except as herein otherwise specifically provided;

���� c.���� Appoint such deputy and
assistant officers, directors, and other personnel in the unclassified service
as the commissioner shall deem appropriate, to receive such compensation as may
be provided by law;

���� d.��� Perform, exercise, and
discharge the functions, powers, and duties of the department through such
divisions as may be established;

���� e.���� Organize the work of
the department in such divisions, not inconsistent with the provisions of this
act, P.L.��� ,

c.��� (C. )(pending before the Legislature as this
bill), and in such other organizational units as the commissioner may determine
to be necessary for efficient and effective operation;

���� f.���� Adopt, issue, and
promulgate, in the name of the department, such rules and regulations as may be
authorized by law, consistent with the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq,);

���� g.��� Formulate and adopt
rules and regulations for the efficient conduct of the work and general
administration of the department, its officers, and employees;

���� h.��� Institute or cause to be
instituted such legal proceedings or processes as may be necessary to enforce
and give effect to any of the commissioner�s powers or duties;

���� i.���� Make such reports of
the department�s operation as the Governor or the Legislature shall from time
to time request, or as may be required by law;

���� j.���� Coordinate the
activities of the department, and the several divisions and other agencies
therein, in a manner designed to eliminate overlapping and duplicating
functions;

���� k.��� Integrate within the
department, so far as practicable, all staff services of the department and of
the several divisions and other agencies therein;

���� l.���� Maintain suitable
headquarters for the department and such other quarters as are necessary to the
proper functioning of the department;

���� m.�� Solicit, apply for, and
accept on behalf of the State any contributions, donations of money, goods,
services, real or personal property or grants from the federal government or
any agency thereof, or from any foundation, corporation, association or individual,
and comply with the terms, conditions, and limitations thereof, for any of the
purposes of the department;

���� n.��� Enter into contracts and
agreements with public and private entities, as may be appropriate to carry out
the purposes of the department;

���� o.��� Be the request officer
for the department within the meaning of such term as defined in P.L.1944,
c.112 (C.52:27B-1 et seq.); and

����
p.��� Perform
such other functions as may be prescribed in this act or by any other law.

���� 5.��� (New section)� The
functions, powers, and duties of the department shall be those specified in
this act, P.L.��� ,
c. (C. )(pending
before the Legislature as this bill) and any other statute, and shall include,
but not be limited to:

���� consulting and assisting on
efforts by the Director of the Division of Investment in the Department of
Treasury to attempt to use underrepresented financial businesses to provide
brokerage and investment management services;

���� consulting and assisting on
diversity, equity, and inclusion in investments by the State, and its political
subdivisions, in the allocation of loans and grants for business formation, and
in the provision of low interest loans and down payment support for homeowners;
and

���� consulting and assisting on
diversity, equity, and inclusion in procurement by the State and its political
subdivisions.

���� 6.��� (New section)� Notwithstanding
any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the
Commissioner of Diversity, Equity, and Inclusion may, with the approval of the
Governor, adopt, immediately upon filing with the Office of Administrative Law,
such regulations as the commissioner deems necessary to implement the
provisions of this act, P.L.��� ,
c. (C. )(pending
before the Legislature as this bill), which regulations shall be effective for
a period not to exceed six months and may, thereafter, be amended, adopted or
readopted by the commissioner in accordance with the requirements of P.L.1968,
c.410 (C.52:14B-1 et seq.).

���� 7.��� (New section)� a.� The
functions, powers, and duties of the State Office of Diversity and Inclusion in
the Department of the Treasury, established pursuant to P.L.��� , c.����
(C.����������� )(pending as Senate, No. 2525 of 2020), are continued and transferred
to the Department of Diversity, Equity, and Inclusion, to be administered
within that department as the commissioner so determines.

���� b.��� All responsibility for
the budget, fiscal, and personnel matters of the State Office of Diversity and
Inclusion is transferred to the Department of Diversity, Equity, and Inclusion.

���� c.� Any reference in a law,
order, rule, regulation, contract, document, judicial or administrative
proceeding, or otherwise to the State Office of Diversity and Inclusion in the
Department of the Treasury, after the effective date of this act, P.L.���� ,
c. (C. )(pending
before the Legislature as this bill), shall mean the office in the Department
of Diversity, Equity, and Inclusion.�

���� d.��� All transfers directed
by this act shall be made in accordance with the �State Agency Transfer Act,�
P.L.1971, c.375 (C.52:14D-1 et seq.).

���� 8.��� (New section)� a.� The
functions, powers, and duties of the Small Business Registration and Minority
and Women-Owned Business Enterprise Certification Services Unit in the Division
of Revenue and Enterprise Services in the Department of the Treasury are
continued and transferred to the Department of Diversity, Equity, and
Inclusion, to be administered within that department as the commissioner so
determines.

���� b.��� All responsibility for
the budget, fiscal, and personnel matters of the Small Business Registration
and Minority and Women-Owned Business Enterprise Certification Services Unit is
transferred to the Department of Diversity, Equity and Inclusion.

���� c.� Any reference in a law,
order, rule, regulation, contract, document, judicial or administrative
proceeding, or otherwise to the Small Business Registration and Minority and
Women-Owned Business Enterprise Certification Services Unit in the Division of
Revenue and Enterprise Services in the Department of the Treasury after the
effective date of this act, P.L.���� , c.���� (C.���� )(pending before the
Legislature as this bill), shall mean the unit in the Department of Diversity,
Equity, and Inclusion.�

���� d.��� All transfers directed
by this act shall be made in accordance with the �State Agency Transfer Act,�
P.L.1971, c.375 (C.52:14D-1 et seq.).

���� 9.��� Section 1 of P.L.1995,
c.129 (C.52:32-23.1) is amended to read as follows:

���� 1.��� a.� The
[
Department of
Commerce and Economic Development
]

Department of Diversity, Equity, and Inclusion
shall be responsible for
the operation and continued development of the central registry, known as the
Selective Assistance Vendor Information (SAVI II) database, which lists
businesses certified as eligible to perform contracts under any State set-aside
program. The purpose of the database shall be to enable contracting agencies
and persons bidding on, or performing, State contracts to have ready access to
the names of businesses which are eligible to perform set-aside contracts and
to allow the department and contracting agencies to monitor participation by
these businesses in State contracting.�

���� �b.�� The department shall
randomly monitor businesses certified as eligible for any State set-aside
program, or seeking such certification, to ensure compliance with eligibility
requirements.�

���� �c.��� A person applying for
the certification of a business as eligible for participation in any State
set-aside program shall certify in writing that the person believes that the
business meets all of the requirements for eligibility for the program.� Any
person who makes a false statement in connection therewith shall be subject to
the penalties provided by N.J.S.2C:28-2.

(cf: P.L.1995, c.129, s.1)

���� 10.� (New section) �As used in
this act, P.L.����� ,
c. (C. )(pending
before the Legislature as this bill),:

���� �Accessibility� means the
design, construction, development, and maintenance of facilities, information
and communication technology, programs, and services so that all people,
including people with disabilities, can fully and independently use them.� The
term �accessibility� shall include the provision of accommodations and
modifications to ensure equal access to employment and participation in
activities for people with disabilities, the reduction or elimination of
physical and attitudinal barriers to equitable opportunities, and a commitment
to ensuring that people with disabilities can independently access every
outward-facing and internal activity or electronic space.

���� �Diversity� means the practice
of including the many communities, identities, races, ethnicities, backgrounds,
abilities, cultures, and beliefs of residents of this State, including
underserved communities.

���� �Equity� means the consistent
and systematic fair, just, and impartial treatment of all individuals,
including individuals who belong to underserved communities that have been
denied such treatment.

���� �Inclusion� means the
recognition, appreciation, and use of the talents and skills of employees of
all backgrounds.

���� �State agency� means any
principal department in the Executive Branch and any division, board, bureau,
office, commission, or other instrumentality within or created by a principal
department, and any independent State authority, commission, or instrumentality.

���� �Underserved communities�
means a population that share a particular characteristic, as well as
geographic communities, who have been systematically denied a full opportunity
to participate in aspects of economic, social, and civic life. �The term
�underserved communities� shall include individuals who belong to communities
of color, such as Black and African American, Hispanic and Latino, Native
American, Alaska Native and Indigenous, Asian American, Native Hawaiian and
Pacific Islander, Middle Eastern, and North African persons. �The term
�underserved communities� also includes individuals who belong to communities
that face discrimination based on age, religion, disability, sex, affectional
or sexual orientation, gender identity, pregnancy or pregnancy-related
conditions.� The term �underserved communities� shall also include
first-generation professionals or first-generation college students;
individuals with limited English proficiency; immigrants; the formerly
incarcerated; persons who live in rural areas, veterans and military spouses;
and persons otherwise adversely affected by persistent poverty, discrimination,
or inequality.

���� 11.� (New section) �a. �The
Commissioner of Diversity, Equity, and Inclusion, in consultation with the
State Treasurer, Commissioner of Labor and Workforce Development, and
Chairperson and Chief Executive Officer of the Civil Service Commission shall:

���� (1) establish a coordinated
Statewide initiative to promote diversity, equity, inclusion, and accessibility
in the State government workforce;

���� (2) no later than 90 days
following the effective date of this act, P.L.��� , c.��� (C.������� )(pending
before the Legislature as this bill),:

���� (a) develop and issue a
Statewide diversity, equity, inclusion, and accessibility strategic plan, which
shall focus on workforce diversity, workplace inclusion, and State government
accountability and leadership and shall highlight comprehensive strategies for
the State government to identify and remove barriers to equal employment
opportunity that may exist in the State government's recruitment, hiring,
promotion, retention, professional development, and training policies and
practices;

���� (b) review applicable orders,
rules, and regulations related to the development or submission of State agency
human capital and other State workforce plans and reports in connection with
recruitment, hiring, promotion, retention, professional development, and
training policies and practices, and develop a strategy for consolidating such
State agency plans and reports where appropriate and permitted by law; and

���� (c) provide guidance to each
State agency concerning formulation of State agency-specific diversity, equity,
inclusion strategic plans prepared pursuant to subsection b. of this section;

���� (3) identify appropriate
practices to improve the effectiveness of each State agency's efforts to
recruit, hire, promote, retain, develop, and train a diverse and inclusive
workforce, consistent with merit system principles and applicable law;

���� (4) establish a system for
each State agency to report regularly on progress in implementing their State
agency-specific diversity, equity, inclusion, and accessibility strategic
plans;

���� (5) pursue opportunities to
consolidate implementation efforts and reporting requirements related to
advancing diversity, equity, inclusion, and accessibility established through
related or overlapping statutes, executive orders, rules, and regulations; and

���� (6) support, coordinate, and
encourage State agency efforts to conduct research, evaluation, and other
evidence-building activities to identify leading practices, and other promising
practices, for broadening participation and opportunities for advancement in
State employment, and to assess and promote the benefits of diversity, equity,
inclusion, and accessibility for State performance and operations.

���� b.��� Each State agency shall
develop and implement a diversity, equity, inclusion, and accessibility
strategic plan.� The State agency diversity, equity, inclusion, and
accessibility strategic plan shall:

���� (1) define standards of
success for diversity, equity, inclusion, and accessibility efforts based on
leading policies and practices in the public and private sectors;

���� (2) consistent with merit
system principles, identify strategies to advance diversity, equity, inclusion,
and accessibility, and eliminate, where applicable, barriers to equity in State
workforce functions, including, recruitment; hiring; background investigation;
promotion; retention; performance evaluations and awards; professional
development programs; mentoring programs or sponsorship initiatives;
internship, fellowship, and apprenticeship programs; employee resource group
and affinity group programs; temporary employee details and assignments; pay
and compensation policies; health and retirements benefits, and employee
services and work‑life programs; disciplinary or adverse actions;
reasonable accommodations for employees and applicants with disabilities;
workplace policies to prevent gender-based violence; reasonable accommodations
for employees who are members of religious minorities; and training, learning,
and onboarding programs;

���� (3) include a comprehensive
framework to address workplace harassment, including sexual harassment, and
outline the policies and practices to prevent, report, respond to, and
investigate harassment, including promoting mechanisms for employees to report misconduct
and encouraging bystander intervention; and

���� (4) promote a data-driven
approach to increase transparency on diversity, equity, inclusion, and
accessibility within the State workforce.

���� 12.� (New section) �a. �The
head of each State agency shall make advancing diversity, equity, inclusion,
and accessibility a priority component of the State agency�s strategic
planning. �The head of each State agency shall, no later than 45 days following
the effective date of this act, P.L.��� , c.��� (C.������� )(pending before the
Legislature as this bill), submit to the Commissioner of Diversity, Equity, and
Inclusion a preliminary assessment of the state of diversity, equity,
inclusion, and accessibility in the State agency�s human resources practices
and workforce composition.� In conducting the preliminary assessment, the head
of each State agency shall:

���� (1) assess whether State
agency recruitment, hiring, promotion, retention, professional development,
performance evaluations, pay and compensation policies, reasonable
accommodations access, and training policies and practices are equitable;

���� (2) take an evidence-based and
data-driven approach to determine whether and to what extent State agency
practices result in inequitable employment outcomes, and whether State agency
actions may help to overcome systemic societal and organizational barriers;

���� (3) assess the status and
effects of existing diversity, equity, inclusion, and accessibility initiatives
or programs, and review the amount of institutional resources available to
support human resource activities that advance the objectives; and

���� (4) identify areas where
evidence is lacking and propose opportunities to build evidence to advance
diversity, equity, inclusion, and accessibility and address those gaps
identified.

���� b.��� The head of each State
agency shall, no later than 45 days following the issuance of the Statewide
diversity, equity, inclusion, and accessibility strategic plan, and annually
thereafter, develop and submit to the Commissioner of Diversity, Equity, and
Inclusion the diversity, equity, inclusion, and accessibility strategic plan
for that State agency, which shall include State agency actions to advance
diversity, equity, inclusion, and accessibility in the workforce and strategies
to remove any potential barriers to diversity, equity, inclusion and shall
include quarterly goals and actions to advance diversity, equity, inclusion,
and accessibility initiatives in the agency workforce and in the State agency�s
workplace culture.

���� c.���� To foster diversity,
equity, inclusion, and accessibility in the State government workforce, the
head of each State agency shall:

���� (1) enhance diversity, equity,
inclusion, and accessibility within the State agency, in collaboration with the
agency�s senior officials and consistent with applicable law and merit system
principle,

���� (2) establish a position of
diversity and inclusion officer that is distinct from an equal employment
opportunity officer and that has sufficient seniority to coordinate efforts to
promote diversity, equity, inclusion, and accessibility within the State agency;
and

���� (3) strongly consider for
employment, to the extent permitted by applicable law, qualified applicants of
any background who have advanced diversity, equity, inclusion, and
accessibility within the State agency.

���� 13.� (New section) �a. �The
head of each State agency, in consultation with the Commissioner of Diversity,
Equity, and Inclusion and Chief Technology Officer, shall take a data-driven
approach to advancing policies that promote diversity, equity, inclusion, and
accessibility within the State agency�s workforce, while protecting the privacy
of employees and safeguarding all personally identifiable information and
protected health information. ������ b.�������� The head of each State agency
shall:

���� (1) measure demographic
representation and trends related to diversity in the State agency�s overall
workforce composition, senior workforce composition, employment applications,
hiring decisions, promotions, pay and compensation, and attrition rates;

���� (2) track demographic data
relating to participation in leadership and professional development programs
and development opportunities offered or sponsored by the State agency and the
rate of the placement of participating employees into senior positions in the
State agency;

���� (3) review existing guidance,
regulations, policies, and practices that govern State agency collection of
demographic data on State employees, and consider issuing, modifying, or
revoking such guidance in order to expand the collection of such voluntarily
self-reported data and more effectively measure the representation of
underserved communities in the State agency;

���� (4) in revisiting or issuing
any such guidance, take steps to promote the protection of privacy and to
safeguard personally identifiable information and reduce duplicative reporting
requirements;

���� (5) take steps to ensure that
data collection and analysis practices allow for the capture or presence of
multiple attributes and identities;

���� (6) collect and analyze
voluntarily self-reported demographic data regarding the membership of advisory
committees, commissions, and boards in a manner consistent with applicable law,
including privacy and confidentiality protections, and with statistical
standards where applicable; and

���� (7) if applicable, pursue
opportunities to increase diversity, equity, inclusion, and accessibility on
committees, commissions, and boards to which the State agency appoint members.

���� 14.� (New section) �a. �The
Commissioner of Diversity, Equity, and Inclusion, in consultation with the
Chairperson and Chief Executive Officer of the Civil Service Commission, shall
issue guidance to each State agency with respect to internships and similar
programs within the State government.� At a minimum, the guidance shall include
information on:

���� (1) increasing the
availability of paid internships, fellowships, and apprenticeships, and reduce
the practice of hiring interns, fellows, and apprentices who are unpaid;

���� (2) ensuring that internships,
fellowships, and apprenticeships serve as a supplement to, and not a substitute
for, the competitive hiring process;

���� (3) ensuring that internships,
fellowships, and apprenticeships serve to develop individuals� talent,
knowledge, and skills for careers in government service;

���� (4) improving outreach to and
recruitment of individuals from underserved communities for internship,
fellowship, and apprenticeship programs; and

���� (5) ensuring all interns,
fellows, and apprentices with disabilities, including applicants and
candidates, have a process for requesting and obtaining reasonable
accommodations to support their work in the State government.

���� b.��� The head of each State
agency shall, as part of the annual strategic planning and reporting process, measure
and report on the State agency�s progress with respect to the matters described
in subsection a. of this section.

���� 15. (New section) �The
Commissioner of Diversity, Equity, and Inclusion, in consultation with the Chairperson
and Chief Executive Officer of the Civil Service Commission and the Secretary
of Higher Education, shall coordinate a government wide initiative to
strengthen partnerships to facilitate recruitment for State employment
opportunities of individuals who are members of underserved communities.� To
carry out the partnerships initiative, the Commissioner of Diversity, Equity,
and Inclusion shall take steps to increase diversity in the State employment
pipeline by supporting and guiding agencies in building or strengthening
partnerships with Historically Black Colleges and Universities,
Hispanic-Serving Institutions; Tribal Colleges and Universities; Native
American-serving, nontribal institutions; Asian American and Pacific
Islander-serving institutions; Tribally controlled colleges and universities;
Alaska Native-serving and Native Hawaiian-serving institutions; Predominantly
Black Institutions; women�s colleges and universities; State vocational
rehabilitation agencies that serve individuals with disabilities; disability
services offices at institutions of higher education; organizations dedicated
to serving veterans; public and non-profit private universities serving a high
percentage of economically disadvantaged students or first-generation college
or graduate students; community colleges and technical schools; and
community-based organizations that are dedicated to serving and working with
underserved communities, including return-to-work programs, programs that
provide training and support for older adults seeking employment, programs
serving formerly incarcerated individuals, centers for independent living,
disability rights organizations, and organizations dedicated to serving members
of the lesbian, gay, bisexual, and transgender community.

���� 16. (New section) �a. �The
head of each State agency shall provide an equitable, accessible, and inclusive
environment for employees with disabilities.� In order for State employees and
applicants with disabilities to be assessed on their merits, accessible
information technologies shall be provided and, where needed, reasonable
accommodations shall be available that allows qualified individuals with
disabilities to perform the essential functions of their positions and access
advancement opportunities.

���� b.��� The head of each State
agency shall:

���� (1) provide individuals with
disabilities equal employment opportunities and take affirmative actions within
the State agency to ensure that the State agency fully comply with applicable
federal and State laws,

���� (2) assess current practices
to employ individuals with disabilities in the State agency, and evaluate
opportunities to enhance equity in employment opportunities and financial
security for employees with disabilities through different practices or guidance;
and

���� (3) ensure that applicants and
employees with disabilities have access to information about and understand
their rights regarding disability self-identification and requests for
reasonable accommodations, workplace personal assistance services, and accessible
information and communication technology; and

���� (4) ensure the process of
responding to, or appealing a denial of, a reasonable accommodation requests is
timely and efficient.

���� c.���� To ensure that all
State office buildings and workplaces are accessible to employees with
disabilities, the Commissioner of Diversity, Equity, and Inclusion and the State
Treasurer, shall work with each State agency to ensure that State buildings and
leased facilities comply with the accessibility standards of any federal or
State law.� The head of each State agency shall maximize the accessibility of
the physical environment of the State agency�s workplaces, consistent with
applicable law and the availability of appropriations, so as to reduce the need
for reasonable accommodations, and provide periodic notice to all State agency
employees on the process to report any accessibility barriers in State
buildings.

���� 17.� (New section) �a. �The
Commissioner of Diversity, Equity, and Inclusion shall review State regulations
and guidance, as appropriate and consistent with applicable law, to address any
pay inequities and advance equal pay and work with each State agency to review,
and revise, if necessary, job classification and compensation practices.� Each
State agency shall not seek or rely on an applicant�s salary history during the
hiring process to set pay or when setting pay for a current employee, unless
salary history is raised without prompting by the applicant or employee.

���� b.��� The head of each State
agency shall, as appropriate and consistent with applicable law, revise
compensation practices in order to address any pay inequities and advance equal
pay.� The head of each State agency shall report to the Commissioner of
Diversity, Equity, and Inclusion and the Chairperson and Chief Executive
Officer of the Civil Service Commission any revisions to compensation practices
made to implement this section.

���� 18. (New section) �To support equal opportunity for formerly incarcerated
individuals who have served their terms of incarceration and to support their
ability to fully reintegrate into society and make meaningful contributions to
our State, the Commissioner of Diversity, Equity, and Inclusion, in
consultation with the Chairperson and Chief Executive Officer of the Civil
Service Commission and the Attorney General, shall evaluate the existence of
any barriers that formerly incarcerated individuals face in accessing State
employment opportunities and any effect of those barriers on the civil
service.� As appropriate, the Commissioner of Diversity, Equity, and Inclusion
shall also evaluate possible actions to expand State employment opportunities
for formerly incarcerated individuals, including the establishment of a new
office or hiring authority.

���� 19. (New section) �a.� The
head of each State agency shall take steps to implement or increase the
availability and use of diversity, equity, inclusion, and accessibility
training programs for employees, managers, and leadership.� The training
programs shall enable State agency employees, managers, and leaders to have
knowledge of systemic and institutional racism and bias against underserved
communities, be supported in building skillsets to promote respectful and
inclusive workplaces and eliminate workplace harassment, have knowledge of
State agency accessibility practices, and have increased understanding of
implicit and unconscious bias.

���� b.��� The Commissioner of
Diversity, Equity, and Inclusion shall issue guidance and serve as a resource
and repository for best practices for a State agency to develop or enhance
existing diversity, equity, inclusion, and accessibility training programs.

���� 20. (New section)� As used in
sections 21 through 23 of P.L.��� , c. (C.������ )(pending
before the Legislature as this bill):

���� �Development subsidy� means
the provision of $100,000 or more by a New Jersey public body for the purpose
of stimulating economic development in New Jersey, including, but not limited
to, any grant, loan, loan guarantee, matching fund, or tax expenditure.

���� �Entity� means any
corporation, association, partnership, limited liability partnership, or other
legal entity, whether for-profit or non-profit.

���� �Financial assistance� means
any grant, loan, or loan guarantee approved, authorized, administered, or
provided by a New Jersey public body to an entity.

���� 21. (New section)� a.� The
Commissioner of Diversity, Equity, and Inclusion shall have the power and duty
to oversee and enforce the following requirement.

���� As a condition of receiving
any development subsidy or financial assistance, an entity shall develop,
administer, and implement a strategic diversity, equity, and inclusion plan.�
The strategic diversity, equity, and inclusion plan shall describe the entity�s
overall vision, strategy, and key priorities with respect to diversity, equity,
and inclusion and shall include a discussion of broader trends affecting the
organization and influencing its diversity, equity, and inclusion priorities.�

���� The plan shall be submitted to
the department.

���� b.��� In addition to the
elements required in subsection a. of this section, each entity�s diversity,
equity, and inclusion plan shall:

���� (1) describe the role of the
entity�s highest governing body in setting the entity�s diversity, equity, and
inclusion values and strategy, and evaluating the entity�s performance in these
areas;

���� (2) describe the entity�s
internal process for reviewing and assessing the entity�s efforts to achieve
its diversity, equity, and inclusion goals;

���� (3) establish specific and
measurable goals to ensure diversity in recruitment for senior level positions
and identifying diverse workforce talent;

���� (4) provide for the
development and implementation of a training curriculum that provides for core
competencies in diversity, equity, and inclusion;

���� (5) establish processes and
procedures for the purpose of compiling information on the awarding of
contracts to minority-owned and women-owned business enterprises, the total
value of all contracts, and the percentage value of all contracts awarded to minority-owned
and women-owned business enterprises;

���� (6) establish goals for
participation of minority-owned and women-owned business enterprises based on
best estimates of market availability without set-asides or quotas;

���� (7) establish uniform
processes and procedures for compiling an annual report to the commissioner
evaluating the entity�s progress in� attaining the goals set forth in the
diversity, equity, and inclusion plan;

���� (8) implement and utilize a
system that allows an entity to measure its progress towards achieving its
diversity, equity, and inclusion goals, and alerts the entity when current
patterns are not projected to reach those goals;

���� (9) establish a process for
ensuring that procurement solicitation documents set forth minority-owned and
women-owned business enterprise goals and require that the entity provide lists
of known minority-owned and women-owned business enterprise subcontactors to
parties seeking such information;

���� (10) establish protocols for
the entity to conduct outreach efforts to minority-owned and women-owned
business enterprises;

���� (11) ensure that fiduciary
entities develop programs to provide financing or access to capital for
minority-owned and women-owned business enterprises;

���� (12) measure the extent to
which men and women employed by the entity work at different rates of pay and
the extent to which job titles within that entity may be predominantly held by
members of the same race or gender;

���� (13) measure the extent to
which the entity�s highest governing body reflects the racial and gender
diversity of this State;

���� (14) measure the extent to
which the entity procures goods and services from minority-owned and
women-owned business enterprises and subcontractors, and provides opportunities
for minority-owned and women-owned business enterprises and subcontractors in the
procurement of goods and services for the entity; and

���� (15) describe the entity�s
approach to stakeholder engagement, the basis for identifying stakeholders with
whom to engage, and include a list of diversity, equity, and inclusion
stakeholder groups engaged by the entity.

���� 22. (New section)� a.� The
commissioner shall, not later than 60 days after the effective date of this
act, P.L.��� , c.�� (C.���� )(pending before the Legislature as this bill),
provide written notification to every entity that receives a development subsidy
or financial assistance, which written notification shall specify that the
entity is required to submit to the department, within 120 days after receiving
notification, a strategic diversity, equity, and inclusion plan.

���� b.��� The commissioner shall
notify the State Treasurer if an entity fails to submit a strategic diversity,
equity, and inclusion plan as required.� Upon notification from the
commissioner, the State Treasurer may, to the extent possible, withhold
payments of any State-funded development subsidy or financial assistance to any
entity until the entity submits a strategic diversity, equity, and inclusion
plan to the department.

���� c.���� Following the initial
filing of the strategic diversity, equity, and inclusion plan required pursuant
to subsection a. of this section, each entity shall file with the department,
on a form prepared by the commissioner, a progress report no later than 30
business days after the end of each State fiscal year, beginning with the end
of the first full State fiscal year after receipt of the development subsidy or
financial assistance, for the duration of the development subsidy or financial
assistance, or for five years, whichever period is longer.� The report shall
include any information that the department deems necessary to assess the
entity�s performance towards achieving its diversity, equity, and inclusion
goals for the reporting period.

���� 23. (New section)� a.� The Division on Civil Rights in the Department of
Law and Public Safety, together with its functions, powers and duties, is
transferred to the Department of Diversity, Equity, and Inclusion as
established pursuant to this act, P.L.��� ,
c. (C.���� )(pending before the Legislature as
this bill).�

���� b.��� All responsibility for
the budget, fiscal, and personnel matters of the Division of Civil Rights is
transferred to the Department of Diversity, Equity, and Inclusion.

���� c.���� Any reference in a law,
order, rule, regulation, contract, document, judicial or administrative
proceeding, or otherwise to the Division on Civil Rights in the Department of
Law and Public Safety after the effective date of this act shall mean the Division
on Civil Rights in the Department of Diversity, Equity, and Inclusion.�

���� d.��� This transfer shall be
made pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1
et seq.).

���� 24.� Section 5 of P.L.1945,
c.169 (C.10:5-5) is amended to read as follows:�

���� 5.��� As used in P.L.1945,
c.169 (C.10:5-1 et seq.), unless a different meaning clearly appears from the
context:

���� a.���� "Person"
includes one or more individuals, partnerships, associations, organizations,
labor organizations, corporations, legal representatives, trustees, trustees in
bankruptcy, receivers, and fiduciaries.

���� b.��� "Employment
agency" includes any person undertaking to procure employees or
opportunities for others to work.

���� c.���� "Labor
organization" includes any organization which exists and is constituted
for the purpose, in whole or in part, of collective bargaining, or of dealing
with employers concerning grievances, terms or conditions of employment, or of
other mutual aid or protection in connection with employment.

���� d.��� "Unlawful
employment practice" and "unlawful discrimination" include only
those unlawful practices and acts specified in section 11 of P.L.1945, c.169
(C.10:5-12).

���� e.���� "Employer"
includes all persons as defined in subsection a. of this section unless
otherwise specifically exempt under another section of P.L.1945, c.169
(C.10:5-1 et seq.), and includes the State, any political or civil subdivision
thereof, and all public officers, agencies, boards, or bodies.

���� f.���� "Employee"
does not include any individual employed in the domestic service of any person.

���� g.��� "Liability for
service in the Armed Forces of the United States" means subject to being
ordered as an individual or member of an organized unit into active service in
the Armed Forces of the United States by reason of membership in the National
Guard, naval militia or a reserve component of the Armed Forces of the United
States, or subject to being inducted into such armed forces through a system of
national selective service.

���� h.��� "Division"
means the "Division on Civil Rights" created by P.L.1945, c.169
(C.10:5-1 et seq.).

���� i.���� "Attorney
General" means the Attorney General of the State of New Jersey or the
Attorney General's representative or designee.

���� j.���� "Commission"
means the Commission on Civil Rights created by P.L.1945, c.169 (C.10:5-1 et
seq.).

���� k.���
(1) �Commissioner�
means the Commissioner of the Department of Diversity, Equity, and Inclusion
established pursuant to P.L.��� c.��� (C.���� ) (pending before the Legislature
as this bill); and

����
(2)
"Director"
means the Director of the Division on Civil Rights.

���� l.���� "A place of public
accommodation" shall include, but not be limited to:� any tavern,
roadhouse, hotel, motel, trailer camp, summer camp, day camp, or resort camp,
whether for entertainment of transient guests or accommodation of those seeking
health, recreation, or rest; any producer, manufacturer, wholesaler,
distributor, retail shop, store, establishment, or concession dealing with
goods or services of any kind; any restaurant, eating house, or place where
food is sold for consumption on the premises; any place maintained for the sale
of ice cream, ice and fruit preparations or their derivatives, soda water or
confections, or where any beverages of any kind are retailed for consumption on
the premises; any garage, any public conveyance operated on land or water or in
the air or any stations and terminals thereof; any bathhouse, boardwalk, or
seashore accommodation; any auditorium, meeting place, or hall; any theatre,
motion-picture house, music hall, roof garden, skating rink, swimming pool,
amusement and recreation park, fair, bowling alley, gymnasium, shooting
gallery, billiard and pool parlor, or other place of amusement; any comfort
station; any dispensary, clinic, or hospital; any public library; and any
kindergarten, primary and secondary school, trade or business school, high
school, academy, college and university, or any educational institution under
the supervision of the State Board of Education or the Commissioner of
Education of the State of New Jersey.� Nothing herein contained shall be construed
to include or to apply to any institution, bona fide club, or place of
accommodation, which is in its nature distinctly private; nor shall anything
herein contained apply to any educational facility operated or maintained by a
bona fide religious or sectarian institution, and the right of a natural parent
or one in loco parentis to direct the education and upbringing of a child under
his control is hereby affirmed; nor shall anything herein contained be
construed to bar any private secondary or post-secondary school from using in
good faith criteria other than race, creed, color, national origin, ancestry,
gender identity, or expression or affectional or sexual orientation in the
admission of students.

���� m.�� "A publicly assisted
housing accommodation" shall include all housing built with public funds
or public assistance pursuant to P.L.1949, c.300, P.L.1941, c.213, P.L.1944,
c.169, P.L.1949, c.303, P.L.1938, c.19, P.L.1938, c.20, P.L.1946, c.52, and
P.L.1949, c.184, and all housing financed in whole or in part by a loan,
whether or not secured by a mortgage, the repayment of which is guaranteed or
insured by the federal government or any agency thereof.

���� n.��� The term "real
property" includes real estate, lands, tenements and hereditaments,
corporeal and incorporeal, and leaseholds, provided, however, that, except as
to publicly assisted housing accommodations, the provisions of this act shall
not apply to the rental:� (1) of a single apartment or flat in a two-family
dwelling, the other occupancy unit of which is occupied by the owner as a
residence; or (2) of a room or rooms to another person or persons by the owner
or occupant of a one-family dwelling occupied by the owner or occupant as a
residence at the time of such rental.� Nothing herein contained shall be
construed to bar any religious or denominational institution or organization,
or any organization operated for charitable or educational purposes, which is
operated, supervised, or controlled by or in connection with a religious
organization, in the sale, lease, or rental of real property, from limiting
admission to or giving preference to persons of the same religion or
denomination or from making such selection as is calculated by such
organization to promote the religious principles for which it is established or
maintained.� Nor does any provision under this act regarding discrimination on
the basis of familial status apply with respect to housing for older persons.

���� o.��� "Real estate
broker" includes a person, firm, or corporation who, for a fee,
commission, or other valuable consideration, or by reason of promise or
reasonable expectation thereof, lists for sale, sells, exchanges, buys or
rents, or offers or attempts to negotiate a sale, exchange, purchase, or rental
of real estate or an interest therein, or collects or offers or attempts to
collect rent for the use of real estate, or solicits for prospective purchasers
or assists or directs in the procuring of prospects or the negotiation or
closing of any transaction which does or is contemplated to result in the sale,
exchange, leasing, renting, or auctioning of any real estate, or negotiates, or
offers or attempts or agrees to negotiate a loan secured or to be secured by
mortgage or other encumbrance upon or transfer of any real estate for others;
or any person who, for pecuniary gain or expectation of pecuniary gain conducts
a public or private competitive sale of lands or any interest in lands.� In the
sale of lots, the term "real estate broker" shall also include any
person, partnership, association, or corporation employed by or on behalf of
the owner or owners of lots or other parcels of real estate, at a stated
salary, or upon a commission, or upon a salary and commission or otherwise, to
sell such real estate, or any parts thereof, in lots or other parcels, and who
shall sell or exchange, or offer or attempt or agree to negotiate the sale or
exchange, of any such lot or parcel of real estate.

���� p.��� "Real estate
salesperson" includes any person who, for compensation, valuable
consideration or commission, or other thing of value, or by reason of a promise
or reasonable expectation thereof, is employed by and operates under the
supervision of a licensed real estate broker to sell or offer to sell, buy or
offer to buy or negotiate the purchase, sale, or exchange of real estate, or
offers or attempts to negotiate a loan secured or to be secured by a mortgage
or other encumbrance upon or transfer of real estate, or to lease or rent, or
offer to lease or rent any real estate for others, or to collect rents for the
use of real estate, or to solicit for prospective purchasers or lessees of real
estate, or who is employed by a licensed real estate broker to sell or offer to
sell lots or other parcels of real estate, at a stated salary, or upon a
commission, or upon a salary and commission, or otherwise to sell real estate,
or any parts thereof, in lots or other parcels.

���� q.��� "Disability"
means physical or sensory disability, infirmity, malformation, or disfigurement
which is caused by bodily injury, birth defect, or illness including epilepsy
and other seizure disorders, and which shall include, but not be limited to,
any degree of paralysis, amputation, lack of physical coordination, blindness
or visual impairment, deafness or hearing impairment, muteness or speech
impairment, or physical reliance on a service or guide dog, wheelchair, or
other remedial appliance or device, or any mental, psychological, or
developmental disability, including autism spectrum disorders, resulting from
anatomical, psychological, physiological, or neurological conditions which
prevents the typical exercise of any bodily or mental functions or is
demonstrable, medically or psychologically, by accepted clinical or laboratory
diagnostic techniques.� Disability shall also mean AIDS or HIV infection.

���� r.���� "Blind
person" or "person who is blind" means any individual whose
central visual acuity does not exceed 20/200 in the better eye with correcting
lens or whose visual acuity is better than 20/200 if accompanied by a limit to
the field of vision in the better eye to such a degree that its widest diameter
subtends an angle of no greater than 20 degrees.

���� s.���� "Guide dog"
means a dog used to assist persons who are deaf, or which is fitted with a
special harness so as to be suitable as an aid to the mobility of a person who
is blind, and is used by a person who is blind and has satisfactorily completed
a specific course of training in the use of such a dog, and has been trained by
an organization generally recognized by agencies involved in the rehabilitation
of persons with disabilities, including, but not limited to, those persons who
are blind or deaf, as reputable and competent to provide dogs with training of
this type.

���� t.���� "Guide or service
dog trainer" means any person who is employed by an organization generally
recognized by agencies involved in the rehabilitation of persons with
disabilities, including, but not limited to, those persons who are blind, have
visual impairments, or are deaf or have hearing impairments, as reputable and
competent to provide dogs with training, as defined in this section, and who is
actually involved in the training process.

���� u.��� "Housing
accommodation" means any publicly assisted housing accommodation or any
real property, or portion thereof, which is used or occupied, or is intended,
arranged, or designed to be used or occupied, as the home, residence, or
sleeping place of one or more persons, but shall not include any single family
residence the occupants of which rent, lease, or furnish for compensation not
more than one room therein.

���� v.��� "Public
facility" means any place of public accommodation and any street, highway,
sidewalk, walkway, public building, and any other place or structure to which
the general public is regularly, normally, or customarily permitted or invited.

���� w.�� "Deaf person"
or "person who is deaf" means any person whose hearing is so severely
impaired that the person is unable to hear and understand conversational speech
through the unaided ear alone, and who must depend primarily on an assistive
listening device or visual communication such as writing, lip reading, sign
language, and gestures.

���� x.��� "Atypical
hereditary cellular or blood trait" means sickle cell trait, hemoglobin C
trait, thalassemia trait, Tay-Sachs trait, or cystic fibrosis trait.

���� y.��� "Sickle cell
trait" means the condition wherein the major natural hemoglobin components
present in the blood of the individual are hemoglobin A (normal) and hemoglobin
S (sickle hemoglobin) as defined by standard chemical and physical analytic techniques,
including electrophoresis; and the proportion of hemoglobin A is greater than
the proportion of hemoglobin S or one natural parent of the individual is shown
to have only normal hemoglobin components (hemoglobin A, hemoglobin A2,
hemoglobin F) in the normal proportions by standard chemical and physical
analytic tests.

���� z.���� "Hemoglobin C
trait" means the condition wherein the major natural hemoglobin components
present in the blood of the individual are hemoglobin A (normal) and hemoglobin
C as defined by standard chemical and physical analytic techniques, including
electrophoresis; and the proportion of hemoglobin A is greater than the
proportion of hemoglobin C or one natural parent of the individual is shown to
have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin
F) in normal proportions by standard chemical and physical analytic tests.

���� aa.�� "Thalassemia
trait" means the presence of the thalassemia gene which in combination
with another similar gene results in the chronic hereditary disease Cooley's
anemia.

���� bb.� "Tay-Sachs
trait" means the presence of the Tay-Sachs gene which in combination with
another similar gene results in the chronic hereditary disease Tay-Sachs.

���� cc.�� "Cystic fibrosis
trait" means the presence of the cystic fibrosis gene which in combination
with another similar gene results in the chronic hereditary disease cystic
fibrosis.

���� dd.� "Service dog"
means any dog individually trained to the requirements of a person with a
disability including, but not limited to minimal protection work, rescue work,
pulling a wheelchair or retrieving dropped items.� This term shall include a "seizure
dog" trained to alert or otherwise assist persons with epilepsy or other
seizure disorders.

���� ee.�� "Qualified Medicaid
applicant" means an individual who is a qualified applicant pursuant to
P.L.1968, c.413 (C.30:4D-1 et seq.).

���� ff.�� "AIDS" means
acquired immune deficiency syndrome as defined by the Centers for Disease
Control and Prevention of the United States Public Health Service.

���� gg.� "HIV infection"
means infection with the human immunodeficiency virus or any other related
virus identified as a probable causative agent of AIDS.

���� hh.� "Affectional or
sexual orientation" means male or female heterosexuality, homosexuality,
or bisexuality by inclination, practice, identity, or expression, having a
history thereof or being perceived, presumed, or identified by others as having
such an orientation.

���� ii.��� "Heterosexuality"
means affectional, emotional, or physical attraction or behavior which is
primarily directed towards persons of the other gender.

���� jj.��� "Homosexuality"
means affectional, emotional, or physical attraction or behavior which is
primarily directed towards persons of the same gender.

���� kk.� "Bisexuality"
means affectional, emotional, or physical attraction or behavior which is
directed towards persons of either gender.

���� ll.��� "Familial
status" means being the natural parent of a child, the adoptive parent of
a child, the resource family parent of a child, having a "parent and child
relationship" with a child as defined by State law, or having sole or
joint legal or physical custody, care, guardianship, or visitation with a
child, or any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of 18 years.

���� mm.� "Housing for older
persons" means housing:

���� (1)�� provided under any State
program that the
[
Attorney
General
]

commissioner
determines is specifically designed and operated to assist
persons who are elderly (as defined in the State program); or provided under
any federal program that the United States Department of Housing and Urban
Development determines is specifically designed and operated to assist persons
who are elderly (as defined in the federal program); or

���� (2)�� intended for, and solely
occupied by, persons 62 years of age or older; or

���� (3)�� intended and operated
for occupancy by at least one person 55 years of age or older per unit.� In
determining whether housing qualifies as housing for older persons under this
paragraph, the
[
Attorney
General
]

commissioner
shall adopt regulations which require at least the
following factors:

���� (a)�� the existence of
significant facilities and services specifically designed to meet the physical
or social needs of older persons, or if the provision of such facilities and
services is not practicable, that such housing is necessary to provide
important housing opportunities for older persons; and

���� (b)�� that at least 80 percent
of the units are occupied by at least one person 55 years of age or older per
unit; and

���� (c)�� the publication of, and
adherence to, policies and procedures which demonstrate an intent by the owner
or manager to provide housing for persons 55 years of age or older.

���� Housing shall not fail to meet
the requirements for housing for older persons by reason of:� persons residing
in such housing as of September 13, 1988 not meeting the age requirements of
this subsection, provided that new occupants of such housing meet the age
requirements of this subsection; or unoccupied units, provided that such units
are reserved for occupancy by persons who meet the age requirements of this
subsection.

���� nn.� "Genetic
characteristic" means any inherited gene or chromosome, or alteration
thereof, that is scientifically or medically believed to predispose an
individual to a disease, disorder, or syndrome, or to be associated with a
statistically significant increased risk of development of a disease, disorder,
or syndrome.

���� oo.� "Genetic
information" means the information about genes, gene products, or
inherited characteristics that may derive from an individual or family member.

���� pp.� "Genetic test"
means a test for determining the presence or absence of an inherited genetic
characteristic in an individual, including tests of nucleic acids such as DNA,
RNA, and mitochondrial DNA, chromosomes, or proteins in order to identify a
predisposing genetic characteristic.

���� qq.� "Domestic
partnership" means a domestic partnership established pursuant to section
4 of P.L.2003, c.246 (C.26:8A-4).

���� rr.��� "Gender identity
or expression" means having or being perceived as having a gender related
identity or expression whether or not stereotypically associated with a
person's assigned sex at birth.

���� ss.�� "Civil Union"
means a legally recognized union of two eligible individuals established
pursuant to R.S.37:1-1 et seq. and P.L.2006, c.103 (C.37:1-28 et al.).

���� tt.��� "Premium
wages" means additional remuneration for night, weekend, or holiday work,
or for standby or irregular duty.

���� uu.� "Premium
benefit" means an employment benefit, such as seniority, group life
insurance, health insurance, disability insurance, sick leave, annual leave, or
an educational or pension benefit that is greater than the employment benefit
due the employee for an equivalent period of work performed during the regular
work schedule of the employee.

���� vv.� "Race" is
inclusive of traits historically associated with race, including, but not
limited to, hair texture, hair types, and protective hairstyles.

���� ww. "Protective
hairstyles" includes, but is not limited to, such hairstyles as braids,
locks, and twists.

���� xx.� "Family member"
means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse,
partner in a civil union couple, domestic partner, or any other individual
related by blood to the person, and any other individual that the person shows
to have a close association with the person which is the equivalent of a family
relationship.�

(cf: P.L.2019, c.436, s.2)

���� 25.� Section 6 of P.L.1945,
c.169 (C.10:5-6) is amended to read as follows:�

���� 6.��� There is created

in the
Department of
[
Law
and Public Safety
]

Diversity, Equity, and Inclusion as established pursuant to P.L.���� ,
(C.���� ) (pending before the Legislature as this bill)
a division known as
"The Division on Civil Rights
.
"�
The division is vested

with
the
power to prevent and eliminate discrimination in the manner
prohibited by
[
this
act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
against persons because of race, creed, color,
national origin, ancestry, age, marital status, affectional or sexual
orientation, gender identity or expression, familial status, nationality,
disability, or sex or because of their liability for service in the Armed
Forces of the United States, by employers, labor organizations, employment
agencies
,
or other persons and to take other actions against
discrimination because of race, creed, color, national origin, ancestry,
marital status, sex, familial status, nationality, disability, or age or
because of their liability for service in the Armed Forces of the United
States, as herein provided; and the division
[
created
hereunder
]

established in this section
is given general jurisdiction and authority
for
[
such
]

these

purposes.�

(cf: P.L.2006, c.100, s.5)

���� 26.� Section 7 of P.L.1945,
c.169 (C10:5-7) is amended to read as follows:�

���� 7.� The
[
said division
]

Division
on Civil Rights
shall consist of the
[
Attorney
General
]

Commissioner of the Department of Diversity, Equity, and Inclusion
and
the commission.� The commission shall consist of
[
7
]

seven
members; each
member shall be appointed by the Governor, with the advice and consent of the
Senate, for a term of
[
5
]

five

years and until
[
his
]

the
member�s
successor is appointed and qualified, except that of those first
appointed, one shall be appointed for a term of
[
1
]

one
year, one for a term
of
[
2
]

two
�
years, one for a term of
[
3
]

three

years
,
and
[
2
]

two

for a term of
[
4
]

four

years.� Vacancies caused other than by expiration of term shall be filled in
the same manner but for the unexpired term only.� Members of the commission
shall serve without compensation but shall be reimbursed for necessary expenses
incurred in the� performance of their duties.� The first
[
chairman
]

chairperson

of the commission shall be designated by the Governor and thereafter, the
[
chairman
]

chairperson

shall be elected by the members, annually.

(cf: P.L.1963, c.40, s.3)

���� 27.� Section 8 of P.L.1945,
c.169 (C10:5-8) is amended to read as follows:�

���� 8.� The
[
Attorney
General
]

commissioner
shall:

���� a.���� Exercise all powers of
the division not vested in the commission.

���� b.��� Administer the work of
the division.

���� c.���� Organize the division
into sections
[
,
which shall include
]

including,
but not be limited to
,
a section which shall receive,
investigate, and act upon complaints alleging discrimination against persons
because of race, creed, color, national origin, ancestry, age, marital status,
affectional or sexual orientation, gender identity or expression, familial
status, disability, nationality or sex or because of their liability for
service in the Armed Forces of the United States; and another which shall, in
order to eliminate prejudice and to further good will among the various racial
and religious and nationality groups in this State, study, recommend, prepare
,

and implement, in cooperation with
[
such
]
other
departments of the State Government or any other agencies, groups
,
or
entities both public and private,
[
such
]
educational
and human relations programs as are consonant with the objectives of
[
this act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
; and prescribe the organization of
[
said
]

these

sections and the duties of
[
his
]

the
commissioner�s
subordinates and assistants.

���� d.��� Appoint a Director of
the Division on Civil Rights, who shall act for the
[
Attorney General
]

commissioner
,
in the
[
Attorney
General's
]

commissioner�s
place and with the
[
Attorney
General's
]

commissioner�s
powers, which appointment shall be subject to the
approval of the commission and the Governor, a deputy director
,
and
[
such
]
assistant
directors, field representatives
,
and assistants as may be necessary for
the proper administration of the division and fix their compensation within the
limits of available appropriations.� The director, deputy director, assistant
directors, field representatives
,
and assistants shall not be subject to
the Civil Service Act and shall be removable by the
[
Attorney General
]

commissioner

at will.

���� e.���� Appoint
[
such
]

any

clerical force and employees as the
[
Attorney
General
]

commissioner
may deem necessary and fix their duties, all of whom shall
be subject to the Civil Service Act.

���� f.���� Maintain liaison with
local and State officials and agencies concerned with matters related to the
work of the division.

���� g.��� Adopt, promulgate,
amend, and rescind suitable rules and regulations to carry out the provisions
of this act.

���� h.��� Conduct investigations,
receive complaints and conduct hearings thereon other than those complaints
received and hearings held pursuant to the provisions of
[
this act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
.

���� i.���� In connection with any
investigation or hearing held pursuant to the provisions of
[
this act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
, subpoena witnesses, compel their attendance,
administer oaths, take the testimony of any person, under oath, and, in
connection therewith, require the production for examination of any books or
papers relating to any subject matter under investigation or in question by the
division and conduct
[
such
]
discovery
procedures
,
which may include the taking of interrogatories and oral depositions
as shall be deemed necessary by the
[
Attorney
General
]

commissioner
in any investigation.� The
[
Attorney General
]

commissioner

may make rules as to the issuance of subpoenas by the director.� The failure of
any witness when duly subpoenaed to attend, give testimony, or produce evidence
shall be punishable by the Superior Court of New Jersey in the same manner as
[
such
]

that

failure is punishable by
[
such
]

the

court in a case therein pending.

���� j.���� Issue
[
such
]
publications
and
[
such
]
results of
investigations and research tending to promote good will and to minimize or
eliminate discrimination because of race, creed, color, national origin,
ancestry, age, marital status, affectional or sexual orientation, gender
identity or expression, familial status, disability, nationality or sex, as the
commission shall direct, subject to available appropriations.

���� k.��� Render each year to the
Governor and Legislature a full written report of all the activities of the
division.

���� l.���� Appoint, subject to the
approval of the commission, a panel of not more than five hearing examiners,
each of whom shall be duly licensed to practice law in this State for a period
of at least five years, and each to serve for a term of one year and until his
successor is appointed, any one of whom the director may designate in
[
his
]

the
director�s
place to conduct any hearing and recommend findings of fact and
conclusions of law.� The hearing examiners shall receive
[
such
]
compensation
as may be determined by the
[
Attorney
General
]

commissioner
, subject to available appropriations.�

(cf: P.L.2006, c.100, s.6)

���� 28.� Section 9 of P.L.1945,
c.169 (C.10:5-10) is amended to read as follows:�

���� 9.� The commission shall:

���� a.���� Consult with and advise
the
[
Attorney
General
]

commissioner
with respect to the work of the division.

���� b.��� Survey and study the
operations of the division.

���� c.���� Report to the Governor
and the Legislature with respect to
[
such
]
matters
relating to the work of the division and at
[
such
]
times as it
may deem in the public interest.

���� The mayors or chief executive
officers of the municipalities in the State may appoint local commissions on
civil rights to aid in effectuating the purposes of
[
this act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
.�
[
Such
]

These

local commissions shall be composed of representative citizens serving without
compensation.�
[
Such
]

The

commissions shall attempt to foster through community effort or otherwise, good
will, cooperation and conciliation among the groups and elements of the
inhabitants of the community, and they may be empowered by the local governing
bodies to make recommendations to them for the development of policies and
procedures in general and for programs of formal and informal education that
will aid in eliminating all types of discrimination based on race, creed,
color, national origin, ancestry, age, marital status, affectional or sexual
orientation, gender identity or expression,� familial status, disability,
nationality or sex.

(cf: P.L.2006, c.100, s.8)

���� 29.� Section 10 of P.L.1945,
c.169 (C.10:5-11) is amended to read as follows:�

���� 10.�
[
No
]

A

person shall
not
be excused from attending and testifying or from
producing records, correspondence, documents or other evidence in obedience to
the subpoena of the
[
Attorney
General
]

commissioner
, director, or hearing examiner on the ground that the
required

testimony or evidence
[
required
of him
]

may tend to incriminate
[
him
]

the person

or subject
[
him
]

the person

to a penalty or forfeiture, but
[
no
]

a

person shall
not
be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter
,
or thing concerning which
[
he
]

the person

is compelled, after having
[
claimed
his
]

invoked
the
privilege against self-incrimination, to testify or produce evidence.�
[
But he may
nevertheless
]

A person may
be prosecuted or subjected to penalty or forfeiture for any
perjury or contempt committed in answering, or failing to answer, or in
producing or failing to produce evidence in accordance with the subpoena, and
any
[
such
]
testimony
given or evidence produced shall be admissible against
[
him
]

the person

in any proceeding concerning
[
such
]
perjury or
contempt.� The immunity
[
herein
]
provided
in
this section
shall extend only to natural persons so compelled to testify.

(cf: P.L.1966, c.17, s.3)�

���� 30.� Section 11 of P.L.1945,
c.169 (C.10:5-12) is amended to read as follows:

���� 11.� It shall be an unlawful
employment practice, or, as the case may be, an unlawful discrimination:

���� a.���� For an employer,
because of the race, creed, color, national origin, ancestry, age, marital
status, civil union status, domestic partnership status, affectional or sexual
orientation, genetic information, pregnancy or breastfeeding, sex, gender
identity or expression, disability or atypical hereditary cellular or blood
trait of any individual, or because of the liability for service in the Armed
Forces of the United States or the nationality of any individual, or because of
the refusal to submit to a genetic test or make available the results of a
genetic test to an employer, to refuse to hire or employ or to bar or to
discharge or require to retire, unless justified by lawful considerations other
than age, from employment such individual or to discriminate against such
individual in compensation or in terms, conditions or privileges of employment;
provided, however, it shall not be an unlawful employment practice to refuse to
accept for employment an applicant who has received a notice of induction or orders
to report for active duty in the armed forces; provided further that nothing
herein contained shall be construed to bar an employer from refusing to accept
for employment any person on the basis of sex in those certain circumstances
where sex is a bona fide occupational qualification, reasonably necessary to
the normal operation of the particular business or enterprise; provided further
that nothing herein contained shall be construed to bar an employer from
refusing to accept for employment or to promote any person over 70 years of
age; provided further that it shall not be an unlawful employment practice for
a club exclusively social or fraternal to use club membership as a uniform
qualification for employment, or for a religious association or organization to
utilize religious affiliation as a uniform qualification in the employment of
clergy, religious teachers or other employees engaged in the religious
activities of the association or organization, or in following the tenets of
its religion in establishing and utilizing criteria for employment of an
employee; provided further, that it shall not be an unlawful employment
practice to require the retirement of any employee who, for the two-year period
immediately before retirement, is employed in a bona fide executive or a high
policy-making position, if that employee is entitled to an immediate
non-forfeitable annual retirement benefit from a pension, profit sharing,
savings or deferred retirement plan, or any combination of those plans, of the
employer of that employee which equals in the aggregate at least $27,000.00;
and provided further that an employer may restrict employment to citizens of
the United States where such restriction is required by federal law or is
otherwise necessary to protect the national interest.

���� The provisions of subsections
a. and b. of section 57 of P.L.2003, c.246 (C.34:11A-20), and the provisions of
section 58 of P.L.2003, c.246 (C.26:8A-11), shall not be deemed to be an
unlawful discrimination under P.L.1945, c.169 (C.10:5-1 et seq.).

���� For the purposes of this
subsection, a "bona fide executive" is a top level employee who
exercises substantial executive authority over a significant number of
employees and a large volume of business.� A "high policy-making
position" is a position in which a person plays a significant role in
developing policy and in recommending the implementation thereof.

���� For the purposes of this
subsection, an unlawful employment practice occurs, with respect to
discrimination in compensation or in the financial terms or conditions of
employment, each occasion that an individual is affected by application of a
discriminatory compensation decision or other practice, including, but not
limited to, each occasion that wages, benefits, or other compensation are paid,
resulting in whole or in part from the decision or other practice.

���� In addition to any other
relief authorized by the "Law Against Discrimination," P.L.1945,
c.169 (C.10:5-1 et seq.) for discrimination in compensation or in the financial
terms or conditions of employment, liability shall accrue and an aggrieved
person may obtain relief for back pay for the entire period of time, except not
more than six years, in which the violation with regard to discrimination in
compensation or in the financial terms or conditions of employment has been
continuous, if the violation continues to occur within the statute of
limitations.

���� Nothing in this subsection
shall prohibit the application of the doctrine of "continuing
violation" or the "discovery rule" to any appropriate claim as
those doctrines currently exist in New Jersey common law.� It shall be an
unlawful employment practice to require employees or prospective employees to
consent to a shortened statute of limitations or to waive any of the
protections provided by the "Law Against Discrimination," P.L.1945,
c.169 (C.10:5-1 et seq.).

���� b.��� For a labor
organization, because of the race, creed, color, national origin, ancestry,
age, marital status, civil union status, domestic partnership status,
affectional or sexual orientation, gender identity or expression, disability,
pregnancy or breastfeeding, or sex of any individual, or because of the
liability for service in the Armed Forces of the United States or nationality
of any individual, to exclude or to expel from its membership such individual
or to discriminate in any way against any of its members, against any applicant
for, or individual included in, any apprentice or other training program or
against any employer or any individual employed by an employer; provided,
however, that nothing herein contained shall be construed to bar a labor
organization from excluding from its apprentice or other training programs any
person on the basis of sex in those certain circumstances where sex is a bona
fide occupational qualification reasonably necessary to the normal operation of
the particular apprentice or other training program.

���� c.���� For any employer or
employment agency to print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of application
for employment, or to make an inquiry in connection with prospective employment,
which expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, ancestry, age,
marital status, civil union status, domestic partnership status, affectional or
sexual orientation, gender identity or expression, disability, nationality,
pregnancy or breastfeeding, or sex or liability of any applicant for employment
for service in the Armed Forces of the United States, or any intent to make any
such limitation, specification or discrimination, unless based upon a bona fide
occupational qualification.

���� d.��� For any person to take
reprisals against any person because that person has opposed any practices or
acts forbidden under this act or because that person has sought legal advice
regarding rights under this act, shared relevant information with legal counsel,
shared information with a governmental entity, or filed a complaint, testified
or assisted in any proceeding under this act or to coerce, intimidate, threaten
or interfere with any person in the exercise or enjoyment of, or on account of
that person having aided or encouraged any other person in the exercise or
enjoyment of, any right granted or protected by this act.

���� e.���� For any person, whether
an employer or an employee or not, to aid, abet, incite, compel or coerce the
doing of any of the acts forbidden under this act, or to attempt to do so.

���� f. (1) For any owner, lessee,
proprietor, manager, superintendent, agent, or employee of any place of public
accommodation directly or indirectly to refuse, withhold from or deny to any
person any of the accommodations, advantages, facilities or privileges thereof,
or to discriminate against any person in the furnishing thereof, or directly or
indirectly to publish, circulate, issue, display, post or mail any written or
printed communication, notice, or advertisement to the effect that any of the
accommodations, advantages, facilities, or privileges of any such place will be
refused, withheld from, or denied to any person on account of the race, creed,
color, national origin, ancestry, marital status, civil union status, domestic
partnership status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States or nationality of such person,
or that the patronage or custom thereat of any person of any particular race,
creed, color, national origin, ancestry, marital status, civil union status,
domestic partnership status, pregnancy or breastfeeding status, sex, gender
identity or expression, affectional or sexual orientation, disability,
liability for service in the Armed Forces of the United States or nationality
is unwelcome, objectionable or not acceptable, desired or solicited, and the
production of any such written or printed communication, notice or
advertisement, purporting to relate to any such place and to be made by any
owner, lessee, proprietor, superintendent or manager thereof, shall be
presumptive evidence in any action that the same was authorized by such person;
provided, however, that nothing contained herein shall be construed to bar any
place of public accommodation which is in its nature reasonably restricted
exclusively to individuals of one sex, and which shall include but not be
limited to any summer camp, day camp, or resort camp, bathhouse, dressing room,
swimming pool, gymnasium, comfort station, dispensary, clinic or hospital, or
school or educational institution which is restricted exclusively to
individuals of one sex, provided individuals shall be admitted based on their
gender identity or expression, from refusing, withholding from or denying to
any individual of the opposite sex any of the accommodations, advantages,
facilities or privileges thereof on the basis of sex; provided further, that
the foregoing limitation shall not apply to any restaurant as defined in R.S.33:1-1
or place where alcoholic beverages are served.

���� (2)�� Notwithstanding the
definition of "a place of public accommodation" as set forth in
subsection l. of section 5 of P.L.1945, c.169 (C.10:5-5), for any owner,
lessee, proprietor, manager, superintendent, agent, or employee of any private
club or association to directly or indirectly refuse, withhold from or deny to
any individual who has been accepted as a club member and has contracted for or
is otherwise entitled to full club membership any of the accommodations,
advantages, facilities or privileges thereof, or to discriminate against any
member in the furnishing thereof on account of the race, creed, color, national
origin, ancestry, marital status, civil union status, domestic partnership
status, pregnancy or breastfeeding, sex, gender identity, or expression,
affectional or sexual orientation, disability, liability for service in the
Armed Forces of the United States or nationality of such person.

���� In addition to the penalties
otherwise provided for a violation of P.L.1945, c.169 (C.10:5-1 et seq.), if
the violator of paragraph (2) of subsection f. of this section is the holder of
an alcoholic beverage license issued under the provisions of R.S.33:1-12 for
that private club or association, the matter shall be referred to the Director
of the Division of Alcoholic Beverage Control who shall impose an appropriate
penalty in accordance with the procedures set forth in R.S.33:1-31.

���� g.��� For any person,
including but not limited to, any owner, lessee, sublessee, assignee or
managing agent of, or other person having the right of ownership or possession
of or the right to sell, rent, lease, assign, or sublease any real property or
part or portion thereof, or any agent or employee of any of these:

���� (1)�� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of
race, creed, color, national origin, ancestry, marital status, civil union
status, domestic partnership status, pregnancy or breastfeeding, sex, gender
identity or expression, affectional or sexual orientation, familial status,
disability, liability for service in the Armed Forces of the United States,
nationality, or source of lawful income used for rental or mortgage payments;

���� (2)�� To discriminate against
any person or group of persons because of race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, familial status, disability, liability for service in the
Armed Forces of the United States, nationality or source of lawful income used
for rental or mortgage payments in the terms, conditions or privileges of the
sale, rental or lease of any real property or part or portion thereof or in the
furnishing of facilities or services in connection therewith;

���� (3)�� To print, publish,
circulate, issue, display, post or mail, or cause to be printed, published,
circulated, issued, displayed, posted or mailed any statement, advertisement,
publication or sign, or to use any form of application for the purchase,
rental, lease, assignment or sublease of any real property or part or portion
thereof, or to make any record or inquiry in connection with the prospective
purchase, rental, lease, assignment, or sublease of any real property, or part
or portion thereof which expresses, directly or indirectly, any limitation,
specification or discrimination as to race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity, or expression, affectional or
sexual orientation, familial status, disability, liability for service in the
Armed Forces of the United States, nationality, or source of lawful income used
for rental or mortgage payments, or any intent to make any such limitation, specification
or discrimination, and the production of any such statement, advertisement,
publicity, sign, form of application, record, or inquiry purporting to be made
by any such person shall be presumptive evidence in any action that the same
was authorized by such person; provided, however, that nothing contained in
this subsection shall be construed to bar any person from refusing to sell,
rent, lease, assign or sublease or from advertising or recording a
qualification as to sex for any room, apartment, flat in a dwelling or
residential facility which is planned exclusively for and occupied by
individuals of one sex to any individual of the exclusively opposite sex on the
basis of sex provided individuals shall be qualified based on their gender
identity or expression;

���� (4)�� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of the
source of any lawful income received by the person or the source of any lawful
rent payment to be paid for the real property; or

���� (5)�� To refuse to rent or
lease any real property to another person because that person's family includes
children under 18 years of age, or to make an agreement, rental or lease of any
real property which provides that the agreement, rental or lease shall be
rendered null and void upon the birth of a child.� This paragraph shall not
apply to housing for older persons as defined in subsection mm. of section 5 of
P.L.1945, c.169 (C.10:5-5).

���� h.��� For any person,
including but not limited to, any real estate broker, real estate salesperson,
or employee or agent thereof:

���� (1)�� To refuse to sell, rent,
assign, lease or sublease, or offer for sale, rental, lease, assignment, or
sublease any real property or part or portion thereof to any person or group of
persons or to refuse to negotiate for the sale, rental, lease, assignment, or
sublease of any real property or part or portion thereof to any person or group
of persons because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, liability for service in the Armed Forces of the United
States, disability, nationality, or source of lawful income used for rental or
mortgage payments, or to represent that any real property or portion thereof is
not available for inspection, sale, rental, lease, assignment, or sublease when
in fact it is so available, or otherwise to deny or withhold any real property
or any part or portion of facilities thereof to or from any person or group of
persons because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, disability, liability for service in the Armed Forces of
the United States, or nationality;

���� (2)�� To discriminate against
any person because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability, liability for service in the Armed Forces of the
United States, nationality, or source of lawful income used for rental or
mortgage payments in the terms, conditions or privileges of the sale, rental,
lease, assignment or sublease of any real property or part or portion thereof
or in the furnishing of facilities or services in connection therewith;

���� (3)�� To print, publish,
circulate, issue, display, post, or mail, or cause to be printed, published,
circulated, issued, displayed, posted or mailed any statement, advertisement,
publication or sign, or to use any form of application for the purchase,
rental, lease, assignment, or sublease of any real property or part or portion
thereof or to make any record or inquiry in connection with the prospective
purchase, rental, lease, assignment, or sublease of any real property or part
or portion thereof which expresses, directly or indirectly, any limitation,
specification or discrimination as to race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
familial status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States, nationality, or source of
lawful income used for rental or mortgage payments or any intent to make any
such limitation, specification or discrimination, and the production of any
such statement, advertisement, publicity, sign, form of application, record, or
inquiry purporting to be made by any such person shall be presumptive evidence
in any action that the same was authorized by such person; provided, however,
that nothing contained in this subsection h., shall be construed to bar any
person from refusing to sell, rent, lease, assign or sublease or from
advertising or recording a qualification as to sex for any room, apartment,
flat in a dwelling or residential facility which is planned exclusively for and
occupied exclusively by individuals of one sex to any individual of the
opposite sex on the basis of sex, provided individuals shall be qualified based
on their gender identity or expression;

���� (4)�� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of the
source of any lawful income received by the person or the source of any lawful
rent payment to be paid for the real property; or

���� (5)�� To refuse to rent or
lease any real property to another person because that person's family includes
children under 18 years of age, or to make an agreement, rental or lease of any
real property which provides that the agreement, rental or lease shall be
rendered null and void upon the birth of a child.� This paragraph shall not
apply to housing for older persons as defined in subsection mm. of section 5 of
P.L.1945, c.169 (C.10:5-5).

���� i.���� For any person, bank,
banking organization, mortgage company, insurance company or other financial
institution, lender or credit institution involved in the making or purchasing
of any loan or extension of credit, for whatever purpose, whether secured by
residential real estate or not, including but not limited to financial
assistance for the purchase, acquisition, construction, rehabilitation, repair
or maintenance of any real property or part or portion thereof or any agent or
employee thereof:

���� (1)�� To discriminate against
any person or group of persons because of race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, disability, liability for service in the Armed Forces of
the United States, familial status or nationality, in the granting,
withholding, extending, modifying, renewing, or purchasing, or in the fixing of
the rates, terms, conditions or provisions of any such loan, extension of
credit or financial assistance or purchase thereof or in the extension of
services in connection therewith;

���� (2)�� To use any form of
application for such loan, extension of credit or financial assistance or to
make record or inquiry in connection with applications for any such loan,
extension of credit or financial assistance which expresses, directly or
indirectly, any limitation, specification or discrimination as to race, creed,
color, national origin, ancestry, marital status, civil union status, domestic
partnership status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States, familial status or
nationality or any intent to make any such limitation, specification or
discrimination; unless otherwise required by law or regulation to retain or use
such information;

���� (3)�� (Deleted by amendment,
P.L.2003, c.180).

���� (4)�� To discriminate against
any person or group of persons because of the source of any lawful income
received by the person or the source of any lawful rent payment to be paid for
the real property; or

���� (5)�� To discriminate against
any person or group of persons because that person's family includes children
under 18 years of age, or to make an agreement or mortgage which provides that
the agreement or mortgage shall be rendered null and void upon the birth of a
child.� This paragraph shall not apply to housing for older persons as defined
in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5).

���� j.���� For any person whose
activities are included within the scope of
[
this
act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
to refuse to post or display
[
such
]
notices
concerning the rights or responsibilities of persons affected by
[
this act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
as the
[
Attorney
General
]

commissioner
may by regulation require.

���� k.��� For any real estate
broker, real estate salesperson or employee or agent thereof or any other
individual, corporation, partnership, or organization, for the purpose of
inducing a transaction for the sale or rental of real property from which
transaction such person or any of its members may benefit financially, to
represent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, ancestry, marital status,
civil union status, domestic partnership status, familial status, pregnancy or
breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability, liability for service in the Armed Forces of the
United States, nationality, or source of lawful income used for rental or
mortgage payments of the owners or occupants in the block, neighborhood or area
in which the real property is located, and to represent, directly or
indirectly, that this change will or may result in undesirable consequences in
the block, neighborhood or area in which the real property is located,
including, but not limited to the lowering of property values, an increase in
criminal or anti-social behavior, or a decline in the quality of schools or
other facilities.

���� l.���� For any person to
refuse to buy from, sell to, lease from or to, license, contract with, or trade
with, provide goods, services or information to, or otherwise do business with
any other person on the basis of the race, creed, color, national origin, ancestry,
age, pregnancy or breastfeeding, sex, gender identity or expression,
affectional or sexual orientation, marital status, civil union status, domestic
partnership status, liability for service in the Armed Forces of the United
States, disability, nationality, or source of lawful income used for rental or
mortgage payments of such other person or of such other person's family
members, partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, business associates, suppliers, or
customers.� This subsection shall not prohibit refusals or other actions (1)
pertaining to employee-employer collective bargaining, labor disputes, or
unfair labor practices, or (2) made or taken in connection with a protest of
unlawful discrimination or unlawful employment practices.

���� m.�� For any person to:

���� (1)�� Grant or accept any
letter of credit or other document which evidences the transfer of funds or
credit, or enter into any contract for the exchange of goods or services, where
the letter of credit, contract, or other document contains any provisions requiring
any person to discriminate against or to certify that he, she or it has not
dealt with any other person on the basis of the race, creed, color, national
origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, marital status, civil union
status, domestic partnership status, disability, liability for service in the
Armed Forces of the United States, or nationality of such other person or of
such other person's family members, partners, members, stockholders, directors,
officers, managers, superintendents, agents, employees, business associates,
suppliers, or customers.

���� (2)�� Refuse to grant or
accept any letter of credit or other document which evidences the transfer of
funds or credit, or refuse to enter into any contract for the exchange of goods
or services, on the ground that it does not contain such a discriminatory provision
or certification.

���� The provisions of this
subsection shall not apply to any letter of credit, contract, or other document
which contains any provision pertaining to employee-employer collective
bargaining, a labor dispute or an unfair labor practice, or made in connection with
the protest of unlawful discrimination or an unlawful employment practice, if
the other provisions of such letter of credit, contract, or other document do
not otherwise violate the provisions of this subsection.

���� n.��� For any person to aid,
abet, incite, compel, coerce, or induce the doing of any act forbidden by
subsections l. and m. of section 11 of P.L.1945, c.169 (C.10:5-12), or to
attempt, or to conspire to do so. Such prohibited conduct shall include, but
not be limited to:

���� (1)�� Buying from, selling to,
leasing from or to, licensing, contracting with, trading with, providing goods,
services, or information to, or otherwise doing business with any person
because that person does, or agrees or attempts to do, any such act or any act
prohibited by this subsection; or

���� (2)�� Boycotting, commercially
blacklisting or refusing to buy from, sell to, lease from or to, license,
contract with, provide goods, services or information to, or otherwise do
business with any person because that person has not done or refuses to do any
such act or any act prohibited by this subsection; provided that this
subsection shall not prohibit refusals or other actions either pertaining to
employee-employer collective bargaining, labor disputes, or unfair labor
practices, or made or taken in connection with a protest of unlawful
discrimination or unlawful employment practices.

���� o.��� For any multiple listing
service, real estate brokers' organization or other service, organization or
facility related to the business of selling or renting dwellings to deny any
person access to or membership or participation in such organization, or to
discriminate against such person in the terms or conditions of such access,
membership, or participation, on account of race, creed, color, national
origin, ancestry, age, marital status, civil union status, domestic partnership
status, familial status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States or nationality.

���� p.��� Nothing in the
provisions of this section shall affect the ability of an employer to require
employees to adhere to reasonable workplace appearance, grooming and dress
standards not precluded by other provisions of State or federal law, except
that an employer shall allow an employee to appear, groom and dress consistent
with the employee's gender identity or expression.

���� q.��� (1)� For any employer to
impose upon a person as a condition of obtaining or retaining employment,
including opportunities for promotion, advancement or transfers, any terms or
conditions that would require a person to violate or forego a sincerely held religious
practice or religious observance, including but not limited to the observance
of any particular day or days or any portion thereof as a Sabbath or other holy
day in accordance with the requirements of the religion or religious belief,
unless, after engaging in a bona fide effort, the employer demonstrates that it
is unable to reasonably accommodate the employee's religious observance or
practice without undue hardship on the conduct of the employer's business.�
Notwithstanding any other provision of law to the contrary, an employee shall
not be entitled to premium wages or premium benefits for work performed during
hours to which those premium wages or premium benefits would ordinarily be
applicable, if the employee is working during those hours only as an
accommodation to his religious requirements. Nothing in this subsection q.
shall be construed as reducing:

���� (a)�� The number of the hours
worked by the employee which are counted towards the accruing of seniority,
pension or other benefits; or

���� (b)�� Any premium wages or
benefits provided to an employee pursuant to a collective bargaining agreement.

���� (2)�� For an employer to
refuse to permit an employee to utilize leave, as provided for in this
subsection q., which is solely used to accommodate the employee's sincerely
held religious observance or practice.� Except where it would cause an employer
to incur an undue hardship, no person shall be required to remain at his place
of employment during any day or days or portion thereof that, as a requirement
of his religion, he observes as his Sabbath or other holy day, including a
reasonable time prior and subsequent thereto for travel between his place of
employment and his home; provided that any such absence from work shall,
wherever practicable in the reasonable judgment of the employer, be made up by
an equivalent amount of time and work at some other mutually convenient time,
or shall be charged against any leave with pay ordinarily granted, other than
sick leave, and any such absence not so made up or charged, may be treated by
the employer of that person as leave taken without pay.

���� (3) (a) For purposes of this
subsection q., "undue hardship" means an accommodation requiring
unreasonable expense or difficulty, unreasonable interference with the safe or
efficient operation of the workplace or a violation of a bona fide seniority
system or a violation of any provision of a bona fide collective bargaining
agreement.

���� (b)�� In determining whether
the accommodation constitutes an undue hardship, the factors considered shall
include:

���� (i)��� The identifiable cost
of the accommodation, including the costs of loss of productivity and of
retaining or hiring employees or transferring employees from one facility to
another, in relation to the size and operating cost of the employer.

���� (ii)�� The number of
individuals who will need the particular accommodation for a sincerely held
religious observance or practice.

���� (iii)� For an employer with
multiple facilities, the degree to which the geographic separateness or
administrative or fiscal relationship of the facilities will make the
accommodation more difficult or expensive.

���� (c)�� An accommodation shall
be considered to constitute an undue hardship if it will result in the
inability of an employee to perform the essential functions of the position in
which he or she is employed.

���� (d)�� (i) The provisions of
this subsection q. shall be applicable only to reasonable accommodations of
religious observances and shall not supersede any definition of undue hardship
or standards for reasonable accommodation of the disabilities of employees.

���� (ii)�� This subsection q.
shall not apply where the uniform application of terms and conditions of
attendance to employees is essential to prevent undue hardship to the
employer.� The burden of proof regarding the applicability of this subparagraph
(d) shall be upon the employer.

���� r.���� For any employer to
take reprisals against any employee for requesting from, discussing with, or
disclosing to, any other employee or former employee of the employer, a lawyer
from whom the employee seeks legal advice, or any government agency information
regarding the job title, occupational category, and rate of compensation,
including benefits, of the employee or any other employee or former employee of
the employer, or the gender, race, ethnicity, military status, or national
origin of the employee or any other employee or former employee of the
employer, regardless of whether the request was responded to, or to require, as
a condition of employment, any employee or prospective employee to sign a
waiver, or to otherwise require an employee or prospective employee to agree,
not to make those requests or disclosures.� Nothing in this subsection shall be
construed to require an employee to disclose such information about the
employee herself to any other employee or former employee of the employer or to
any authorized representative of the other employee or former employee.

���� s.���� For an employer to
treat, for employment-related purposes, a woman employee that the employer
knows, or should know, is affected by pregnancy or breastfeeding in a manner
less favorable than the treatment of other persons not affected by pregnancy or
breastfeeding but similar in their ability or inability to work.� In addition,
an employer of an employee who is a woman affected by pregnancy shall make
available to the employee reasonable accommodation in the workplace, such as
bathroom breaks, breaks for increased water intake, periodic rest, assistance
with manual labor, job restructuring or modified work schedules, and temporary
transfers to less strenuous or hazardous work, for needs related to the
pregnancy when the employee, based on the advice of her physician, requests the
accommodation, and, in the case of a employee breast feeding her infant child,
the accommodation shall include reasonable break time each day to the employee
and a suitable room or other location with privacy, other than a toilet stall,
in close proximity to the work area for the employee to express breast milk for
the child, unless the employer can demonstrate that providing the accommodation
would be an undue hardship on the business operations of the employer.� The
employer shall not in any way penalize the employee in terms, conditions or
privileges of employment for requesting or using the accommodation. Workplace
accommodation provided pursuant to this subsection and paid or unpaid leave
provided to an employee affected by pregnancy or breastfeeding shall not be
provided in a manner less favorable than accommodations or leave provided to
other employees not affected by pregnancy or breastfeeding but similar in their
ability or inability to work.� This subsection shall not be construed as
otherwise increasing or decreasing any employee's rights under law to paid or
unpaid leave in connection with pregnancy or breastfeeding.

���� For the purposes of this
section "pregnancy or breastfeeding" means pregnancy, childbirth, and
breast feeding or expressing milk for breastfeeding, or medical conditions
related to pregnancy, childbirth, or breastfeeding, including recovery from
childbirth.

���� For the purposes of this
subsection, in determining whether an accommodation would impose undue hardship
on the operation of an employer's business, the factors to be considered
include: the overall size of the employer's business with respect to the number
of employees, number and type of facilities, and size of budget; the type of
the employer's operations, including the composition and structure of the
employer's workforce; the nature and cost of the accommodation needed, taking
into consideration the availability of tax credits, tax deductions, and outside
funding; and the extent to which the accommodation would involve waiver of an
essential requirement of a job as opposed to a tangential or non-business
necessity requirement.

���� t.���� For an employer to pay
any of its employees who is a member of a protected class at a rate of
compensation, including benefits, which is less than the rate paid by the
employer to employees who are not members of the protected class for
substantially similar work, when viewed as a composite of skill, effort and
responsibility.� An employer who is paying a rate of compensation in violation
of this subsection shall not reduce the rate of compensation of any employee in
order to comply with this subsection.� An employer may pay a different rate of
compensation only if the employer demonstrates that the differential is made
pursuant to a seniority system, a merit system, or the employer demonstrates:

���� (1)�� That the differential is
based on one or more legitimate, bona fide factors other than the
characteristics of members of the protected class, such as training, education
or experience, or the quantity or quality of production;

���� (2)�� That the factor or
factors are not based on, and do not perpetuate, a differential in compensation
based on sex or any other characteristic of members of a protected class;

���� (3)�� That each of the factors
is applied reasonably;

���� (4)�� That one or more of the
factors account for the entire wage differential; and

���� (5)�� That the factors are
job-related with respect to the position in question and based on a legitimate
business necessity.� A factor based on business necessity shall not apply if it
is demonstrated that there are alternative business practices that would serve
the same business purpose without producing the wage differential.

���� Comparisons of wage rates
shall be based on wage rates in all of an employer's operations or facilities.�
For the purposes of this subsection, "member of a protected class"
means an employee who has one or more characteristics, including race, creed,
color, national origin, nationality, ancestry, age, marital status, civil union
status, domestic partnership status, affectional or sexual orientation, genetic
information, pregnancy, sex, gender identity or expression, disability or
atypical hereditary cellular or blood trait of any individual, or liability for
service in the armed forces, for which subsection a. of this section prohibits
an employer from refusing to hire or employ or barring or discharging or
requiring to retire from employment or discriminating against the individual in
compensation or in terms, conditions or privileges of employment.

(cf: P.L.2019, c.436, s.3)

���� 31.� Section 12 of P.L.1945,
c.169 (C.10:5-13) is amended to read as follows:�

���� 12.� a.� (1)� Any person
claiming to be aggrieved by an unlawful employment practice or an unlawful
discrimination may, personally or by an attorney-at-law, make, sign, and file
with the division a verified complaint in writing which shall state the name
and address of the person, employer, labor organization, employment agency,
owner, lessee, proprietor, manager, superintendent, or agent alleged to have
committed the unlawful employment practice or unlawful discrimination
complained of and which shall set forth the particulars thereof and shall
contain such other information as may be required by the division.� Upon
receipt of the complaint, the division shall notify the complainant on a form
promulgated by the director of the division and approved by the
[
Attorney
General
]

commissioner
of the complainant's rights under P.L.1945, c.169 (C.10:5-1
et seq.), including the right to file a complaint in the Superior Court to be
heard before a jury; of the jurisdictional limitations of the division; and any
other provisions of P.L.1945, c.169 (C.10:5-1 et seq.), without interpretation,
that may apply to the complaint. The Commissioner of Labor and Workforce
Development, the Attorney General,
the commissioner,
the director, or
the Commissioner of Education may, in like manner, make, sign, and file
[
such
]

a

complaint.� Any employer whose employees, or some of them, refuse, or threaten
to refuse to cooperate with the provisions of P.L.1945, c.169 (C.10:5-1 et
seq.), may file with the division a verified complaint asking for assistance by
conciliation or other remedial action.

���� (2)�� Any complainant,
including any person claiming to be aggrieved by an unlawful employment
practice or an unlawful discrimination, the Attorney General,
the
commissioner,
the director, the Commissioner of Labor and Workforce
Development, or the Commissioner of Education, may initiate suit in Superior
Court under P.L.1945, c.169 (C.10:5-1 et seq.) without first filing a complaint
with the division or any municipal office. In
[
such
]

these

proceedings:

���� (a)�� Upon the application of
any party, a jury trial shall be directed to try the validity of any claim
under P.L.1945, c.169 (C.10:5-1 et seq.) specified in the suit.

���� (b)�� All remedies available
in common law tort actions shall be available to prevailing plaintiffs, and if
the
[
Attorney
General
]

commissioner
or the director is a prevailing plaintiff, those remedies
shall be available on behalf of named or unnamed victims. If the suit seeks
relief for one or more unnamed members of a protected class, the
[
Attorney
General
]

commissioner
or the director shall have the discretion to settle the
suit on such terms as the
[
Attorney
General
]

commissioner
or the director deems appropriate. The injunctive relief
set forth in section 16 of P.L.1945, c.169 (C.10:5-17) shall also be available
to prevailing plaintiffs.� These remedies are in addition to any other provided
by P.L.1945, c.169 (C.10:5-1 et seq.) or any other statute.

���� (c)�� In addition to the
remedies set forth in subparagraph (b) of this paragraph, the
[
Attorney
General
]

commissioner
or director may seek and obtain from the Superior Court
penalties pursuant to section 2 of P.L.1983, c.412 (C.10:5-14.1a).� In the
alternative, in lieu of these penalties, the
[
Attorney
General
]

commissioner
or director may seek and obtain punitive damages payable to
the State upon a finding that the provisions of P.L.1995, c.142 (C.2A:15-5.9 et
al.) are satisfied.

���� Prosecution of such suit in
Superior Court under P.L.1945, c.169 (C.10:5-1 et seq.) shall bar the filing of
a complaint with the division or any municipal office during the pendency of
any such suit.

���� (d)�� If a jury or court
determines that an employer has committed an unlawful employment practice
prohibited by subsection r. or t. of section 11 of P.L.1945, c.169 (C.10:5-12),
the judge shall award three times any monetary damages to the person or persons
aggrieved by the violation.

���� (e)�� Notwithstanding the
provisions of section 6 of P.L.1979, c.404 (C.10:5-27.1), if the
[
Attorney
General
]

commissioner
or the director is a prevailing plaintiff, the court shall
award reasonable attorney's fees and litigation and investigation costs.

���� b.��� At any time after 180
days from the filing of a complaint with the division, a complainant may file a
request with the division to present the action personally or through counsel
to the Office of Administrative Law.� Upon such request, the director of the
division shall file the action with the Office of Administrative Law, provided
that no action may be filed with the Office of Administrative Law where the
director of the division has found that no probable cause exists to credit the
allegations of the complaint or has otherwise dismissed the complaint.

���� c.���� A party to an action
based upon a violation of P.L.1945, c.169 (C.10:5-1 et seq.) shall mail a copy
of the initial pleadings or claims, amended pleadings or claims, counterclaims,
briefs, and legal memoranda to the division at the same time as filing such
documents with the Office of Administrative Law or the court.� Upon application
to the Office of Administrative Law or to the court wherein the matter is
pending, the division shall be permitted to intervene.

(cf: P.L.2019, c.436, s.5)

���� 32.� Section 13 of P.L.1945,
c.169 (C.10:5-14) is amended to read as follows:�

���� 13.� After the filing of any
complaint, the
[
Attorney
General
]

commissioner
shall cause prompt investigation to be made in connection
therewith and advise the complainant of the results thereof.� During the period
beginning with the filing of such complaint and ending with the closure of the
case or 45 days from the date of a finding of probable cause, the
[
Attorney
General
]

commissioner
shall, to the extent feasible, engage in conciliation with
respect to
[
such
]

the

complaint.� Neither the
[
Attorney
General
]

commissioner
nor any officer or employee of the division shall disclose
any conversation between the
[
Attorney
General
]

commissioner
or a representative and the respondent or a representative
at
[
such
]

the

conference, except that the
[
Attorney
General
]

commissioner
and any officer or employee may disclose the terms of a
settlement offer to the complainant or other aggrieved person on whose behalf
the complaint was filed.

(cf: P.L.2003, c.180, s.14)

���� 33.� Section 14 of P.L.1945,
c.169 (C.10:5-15) is amended to read as follows:�

���� 14.� In case of failure
[
so
]
to eliminate
[
such
]

an
unlawful employment
practice or discrimination, or in advance thereof if in

[
his
]

the
commissioner�s
judgment circumstances so warrant, the
[
Attorney
General
]

commissioner
shall cause to be issued and served in the name of the
division, a written notice, together with a copy of
[
such
]

the
complaint, as the
same may have been amended, requiring the person, employer, labor organization,
employment agency, owner, lessee, proprietor, manager, superintendent, or agent
named in
[
such
]

the

complaint, hereinafter referred to as respondent, to answer the charges of�
[
such
]

the

complaint at a hearing before the director at a time and place to be specified
in
[
such
]

the

notice.� The place of any such hearing shall be the office of the
[
Attorney
General
]

commissioner
or
[
such
]
other place
as may be designated by
[
him
]

the
commissioner
.

(cf: P.L.1963, c.40, s.9)

���� 34.� Section 16 of P.L.1945,
c.169 (C.10:5-17) is amended to read as follows:�

���� 16.� If, upon all evidence at
the hearing, the director shall find that the respondent has engaged in any
unlawful employment practice or unlawful discrimination as defined in P.L.1945,
c.169 (C.10:5-1 et seq.), the director shall state
[
his
]
findings of fact and conclusions
of law and shall issue and cause to be served on
[
such
]

the
respondent an order
requiring
[
such
]

the

respondent to cease and desist from
[
such
]

the

unlawful employment practice or unlawful discrimination and to take
[
such
]
affirmative
action
[
,
]
including,
but not limited to, hiring, reinstatement or upgrading of employees, with or
without back pay, or restoration to membership, in any respondent labor
organization, or extending full and equal accommodations, advantages,
facilities, and privileges to all persons, as, in the judgment of the director,
will effectuate the purpose of P.L.1945, c.169 (C.10:5-1 et seq.), and
including a requirement for report of the manner of compliance. If the conduct
violative of P.L.1945, c.169 (C.10:5-1 et seq.) constitutes any form of
unlawful economic discrimination prohibited in subsection 1., m., or n. of
section 11 of P.L.1945, c.169 (C.10:5-12), or any form of unlawful employment
practice prohibited by subsection r. or t. of section 11 of P.L.1945, c.169
(C.10:5-12), the affirmative action taken by the director may include the award
of three-fold damages to the person or persons aggrieved by the violation.� The
director shall have the power to use reasonably certain bases, including but
not limited to list, catalogue or market prices or values, or contract or
advertised terms and conditions, in order to determine particulars or
performance in giving appropriate remedy.� In addition to any other remedies
provided by P.L.1945, c.169 (C.10:5-1 et seq.), a prevailing complainant may
recover damages to compensate for emotional distress caused by the activities
found to be in violation of P.L.1945, c.169 (C.10:5-1 et seq.) to the same
extent as is available in common law tort actions.� In any case in which the
director,
[
Attorney
General
]

commissioner
, or appropriate organization is a complainant, on behalf of
named or unnamed individuals or a class of individuals, any of the remedies or
relief allowed by P.L.1945, c.169 (C.10:5-1 et seq.) may be awarded or applied
to the named or unnamed individual victims of discrimination. If, upon all
evidence, the director shall find that the respondent has not engaged in any
such unlawful practice or unlawful discrimination, the director shall state
[
his
]
findings of
fact and conclusions of law and shall issue and cause to be served on the
complainant an order dismissing the
[
said
]
complaint as
to
[
such
]

the

respondent.

���� This section shall not apply
to a violation regarding an inquiry as to an applicant's salary history
pursuant to section 2 of P.L.2019, c.199 (C.10:4-12.12).

(cf: P.L.2019, c.199, s.4)

���� 35.� Section 17 of P.L.1945,
c.169 (C.10:5-18) is amended to read as follows:�

���� 17.� The
[
Attorney
General
]

commissioner
shall establish rules of practice to govern, expedite
,

and effectuate the foregoing procedure and
[
his
]

the
commissioner�s
own actions thereunder.� Any complaint filed in the division
or in any municipal office pursuant to
[
this
act must
]

P.L.1945, c.169 (C.10:5-1 et seq.) shal
l be
[
so
]
filed within 180 days after the
alleged act of discrimination.

(cf: P.L.1979, c.404, s.4)

���� 36.� Section 25 of P.L.1945,
c.169 (C.10:5-26) is amended to read as follows:

���� 25.� Any person who shall
willfully resist, prevent, impede
,
or interfere with the
[
Attorney
General
]

commissioner
or any representative of the division in the performance of
duty under
[
this
act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
, or shall willfully violate an order of the
[
Attorney
General
]

commissioner
, or the director, shall be guilty of a misdemeanor and
shall be punishable by imprisonment for not more than one year, or by a fine of
not more� than $500.00, or by both; but procedure for the review of the order
shall not be deemed to be
[
such
]
willful
conduct. �

(cf: P.L.1963, c.40, s.17)

���� 37. This act shall take effect
on the first day of the seventh month following enactment, except that such
anticipatory actions may be taken in advance of the effective date as deemed
necessary and appropriate to implement this act.

STATEMENT

���� This bill establishes the
Department of Diversity, Equity, and Inclusion (DDEI) as a new principal
department within the Executive Branch.� The bill specifies the commissioner of
Diversity, Equity, and Inclusion is appointed by the Governor with advice and
consent of the Senate, and serves at the pleasure of the Governor during the
Governor�s term of office.� The commissioner serves as the administrator and
chief executive officer of the DDEI.�

���� The functions, powers, and
duties of the commissioner are set forth in this bill and will include
consulting and assisting on efforts by the Director of the Division of
Investment in the Department of Treasury to attempt to use underrepresented
financial businesses to provide brokerage and investment management services;

���� consulting and assisting on
diversity, equity, and inclusion in investments by the State, and its political
subdivisions, in the allocation of loans and grants for business formation, and
in the provision of low interest loans and down payment support for homeowners;
and

���� consulting and assisting on
diversity, equity, and inclusion in procurement by the State and its political
subdivisions.

���� The bill transfers certain
State offices, units, and responsibilities to the DDEI.� The functions, powers,
and duties of the Office of Diversity and Inclusion and the Small Business
Registration and Minority and Women-Owned Business Enterprise Certification
Services Unit in the Department of the Treasury would be transferred to the
DDEI.� Additionally, the DDEI would be responsible for the operation and
continued development of the central registry, known as the Selective
Assistance Vendor Information (SAVI II) database, which lists businesses
certified as eligible to perform contracts under any State set-aside program.

���� The bill requires Statewide
and State agency-specific strategic plans for diversity, equity, inclusion, and
accessibility in State government workforce. �Under the bill, the Commissioner
of Diversity, Equity, and Inclusion, in consultation with the State Treasurer,
Commissioner of Labor and Workforce Development, and Chairperson and Chief
Executive Officer of the Civil Service Commission must establish a coordinated
Statewide initiative to promote diversity, equity, inclusion, and accessibility
in the State government workforce.� Under the bill, the head of each State
agency must, no later than 45 days following the issuance of the Statewide
diversity, equity, inclusion, and accessibility strategic plan, and annually
thereafter, develop and submit to Commissioner of Diversity, Equity, and
Inclusion the diversity, equity, inclusion, and accessibility strategic plan.

���� The bill also requires the Commissioner
of Diversity, Equity, and Inclusion to issue guidance on and State agencies to
address:

���� (1) paid internships,
fellowships, and apprenticeships;

���� (2) strengthening partnerships
and recruitment with diverse communities and institutions;

���� (3) pay equity

���� (4) data collection

���� (5) ensuring accessibility for
State employees with disabilities;

���� (6) evaluating the existence
of any barriers that formerly incarcerated individuals face in accessing State
employment opportunities; and

���� (7) the availability and use
of diversity training programs.

���� This bill establishes a
requirement, to be overseen and enforced by the new department, that any entity
which receives a development subsidy or financial assistance from the State
submit and implement a strategic diversity, equity, and inclusion plan to the
Department of Diversity, Equity, and Inclusion.� The plan is intended to assist
corporations and not-for-profit entities in better understanding the State�s
demographics, while affording minority-owned and women-owned businesses more
opportunities to participate in the procurement of goods and services to the
public and private sector.� The bill specifies what information an entity is
required to include in the strategic diversity, equity, and inclusion plan.�
Each recipient of a development subsidy or financial assistance is required,
for the duration of the subsidy or five years, whichever is longer, to submit
annual reports on the progress of the recipient towards achieving its
diversity, equity, and inclusion goals for the reporting period.

���� This bill also transfers the Division
on Civil Rights to the Department of Diversity, Equity, and Inclusion.� The
division currently is in the Department of Law and Public Safety and is under
the direction of the Attorney General, in conjunction with a commission
consisting of seven public members appointed by the Governor.� Under the bill,
the commissioner of the department assumes the responsibilities of the Attorney
General.� The public member commission continues in its current capacity.