Establishes recruitment and referral program for certain individuals and extends certain provisions of law concerning affirmative action in public works contracts to workers with disabilities.

A2173

ASSEMBLY, No. 2173

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblyman WILLIAM B. SAMPSON, IV

District 31 (Hudson)

SYNOPSIS

���� Establishes recruitment and referral program for
certain individuals and extends certain provisions of law concerning
affirmative action in public works contracts to workers with disabilities.

CURRENT VERSION OF TEXT

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

��

An Act
concerning
disability status in public works
contracting, amending P.L.1975, c.127, and supplementing Chapter 16 of Title 34
of the Revised Statutes.
.

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

���� 1.��� Section 1 of P.L.1975,
c.127 (C.10:5-31) is amended to read as follows:

���� 1.��� As used in this act:

���� a.���� "Public works
contract" means any contract to be performed for or on behalf of the State
or any county or municipality or other political subdivision of the State, or
any agency or authority created by any of the foregoing, for the construction,
alteration or repair of any building or public work or for the acquisition of
materials, equipment, supplies or services with respect to which discrimination
in the hiring of persons for the performance of work thereunder or under any
subcontract thereunder by reason of race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, nationality,
gender identity or expression,� disability or sex is prohibited under
R.S.10:2-1.

���� b.��� "Equal employment
opportunity" means equality in opportunity for employment by any
contractor, subcontractor or business firm engaged in the carrying out of a
public works project including its development, design, acquisition,
construction, management and operation.

����
c.���� �Affirmative
action,� whether used separately or in conjunction with other words or phrases
(including, but not limited to, �program� and �equal employment opportunity�)
means good-faith steps taken to ensure equal employment opportunity for women
and minority workers and workers with disabilities; but does not mean
employment quotas, except where otherwise permitted and appropriate under
applicable laws.

(cf: P.L.2006, c.100, s.12)

���� 2.��� Section 4 of P.L.1975,
c.127 (C.10:5-34) is amended to read as follows:

���� 4.��� Each prospective bidder
on a public works contract or contracts and each subcontract bidder to a prime
contract bidder shall formulate and submit to the State Treasurer his or its
affirmative action program of equal opportunity whereby he or it guarantees
minorities
and individuals with disabilities
employment in all
employment categories; the submission shall be accompanied by a fee in an
amount to be fixed by the State Treasurer.� For the purposes of this section,
equal employment opportunity but not affirmative action is required with
respect to persons identified solely by their affectional or sexual orientation
and gender identity or expression.� The State Treasurer shall notify the bidder
of approval or disapproval of his or its program within 60 days of its submission;
failure of the State Treasurer to so act within 60 days shall constitute
approval of the program. Any existing federally approved or sanctioned
affirmative action program shall be approved by the State Treasurer.�

���� No subcontract bidder who has
less than five employees need comply with the provisions of this section.�

(cf: P.L.2006, c.100, s.15)

���� 3.��� Section 6 of P.L.1975,
c.127 (C.10:5-36) is amended to read as follows:

���� In carrying out his
responsibilities under this act, the State Treasurer, in� addition to and
without limitation of other powers which he may have by law,� shall have the
following powers:

���� a.���� To investigate and
determine the percentage of population of minority groups
and individuals
with disabilities
in the State or areas thereof from which the work force
for public works contracts is or may be drawn;

���� b.��� To establish and
promulgate such percentages as guidelines in determining the adequacy of
affirmative action programs submitted for approval pursuant to section 2 of
this act;

���� c.���� To require all State
and local agencies awarding public works contracts to submit for approval their
affirmative action programs;

���� d.��� To prescribe those
affirmative action program provisions to be included in all public works
contracts;

���� e.���� To provide guidelines
to assist governmental agencies in the formulation of and the administration
and enforcement of affirmative action programs
, including guidelines
regarding the establishment of goals, performance of workforce analyses,
recordkeeping, and reporting of demographic data for applicants and employees
related to disability status that is comparable to those implemented on behalf
of women and racial and ethnic minorities
;

���� f.���� To require State and
local agencies awarding public works contracts to designate appropriate
officers or employees to maintain liaison with and assist the State Treasurer
in the implementation of this act and affirmative action programs, adopted
pursuant thereto;

���� g.��� To prescribe appropriate
administrative procedures relating to prequalification of bidders, bidding
practices and contract awards to assure equal employment opportunities;

���� h.��� To provide staff and
technical assistance to public bodies, contractors and subcontractors in
furtherance of the objectives of this act;

���� i.���� To levy on contractors
and subcontractors fees and charges found by him to be reasonable and necessary
to accomplish the objectives of this act;

���� j.���� To refer to the
Attorney General or his designee circumstances which may constitute violations
of the "Law Against Discrimination";

���� k.��� To issue, amend and
rescind rules and regulations in accordance with the�� "Administrative
Procedure Act"

(C. 52:14B-1 et seq.);

���� l.���� To enforce in a court
of law the provisions of this act or to join in or assist any enforcement
proceeding initiated by any aggrieved person;

���� m.�� To make and execute
contracts and all other instruments with other public agencies and private
firms or individuals necessary or convenient for the exercise of their powers
and functions hereunder, including contracts with consultants for rendering
professional or technical assistance and advice;

���� n.��� To contract for or
accept any gifts or grants or loans of funds or property or financial or other
aid in any form from the Federal government or any agency or instrumentality
thereof, or from the State or any agency or instrumentality thereof, or from any
other source and to comply, subject to the provisions of this act, with the
terms and conditions thereof.

���� o.��� To issue rules and
regulations that will expand business opportunities for socially and
economically disadvantaged contractors and vendors
and disability-owned
business enterprises
seeking to provide materials and services for State
contracts.

(cf: P.L.1979, c.266, s.1)

���� 4.��� (New section).� The
Division of Vocational Rehabilitation Services in the Department of Labor and
Workforce Development shall establish a recruitment and referral program to
connect college students, recent graduates, and other workers with disabilities
with private sector employers offering summer or permanent jobs.

���� 5.��� This act shall take
effect immediately.

STATEMENT

���� Current law requires
affirmative action goals, workforce analysis, and data collection in public
works contracts for racial and ethnic minorities. However, there are no
comparable requirements applicable to individuals with disabilities.

���� This bill adds a definition of
affirmative action to statutes concerning public works contracting. Affirmative
action is defined as �good-faith steps taken to ensure equal opportunity
employment for women and minority workers and workers with disabilities; but
does not include employment quotas, except where otherwise permitted and
appropriate under applicable laws.�

���� The bill also adds
disability-owned business enterprises to the list of requirements for each
prospective bidder on a public works contract to include in their affirmative
action program submitted to the State Treasurer, and instructs the State
Treasurer to include individuals with disabilities in demographic data and
rules and regulations pertaining to public works contracting.

���� Finally, the bill directs the
New Jersey Division of Vocational Rehabilitation Services to adopt a
recruitment and referral program connecting private sector employers with
college students, recent graduates, and others with disabilities for summer or
permanent jobs.