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A2306
ASSEMBLY, No. 2306
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LUANNE M. PETERPAUL
District 11 (Monmouth)
SYNOPSIS
���� Removes exclusion of affectional or sexual
orientation and gender identity or expression from affirmative action programs
under public works contracts.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning affirmative action programs under public
works contracts and amending P.L.1975, c.127.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 2 of P.L.1975, c.127 (C.10:5-32)
is amended to read as follows:
���� 2.��� No public works contract shall be awarded
by the State, a county, municipality or other political subdivision of the
State, or any agency of or authority created by any of the foregoing, nor shall
any moneys be paid thereunder to any contractor, subcontractor or business firm
which has not agreed and guaranteed to afford equal opportunity in performance
of the contract and
[
, except with respect to
affectional or sexual orientation, and gender identity or expression,
]
in accordance with an affirmative action program
approved by the State Treasurer.
(cf: P.L.2006, c.100, s.13)
���� 2.��� Section 3 of P.L.1975, c.127 (C.10:5-33)
is amended to read as follows:
���� 3.��� The State or any county or municipality or
other political subdivision of the State, or any agency of or authority created
by any of the foregoing, shall include in the bid specifications and the
contract provisions of any public works contract the following language:
���� "During the performance of this contract,
the contractor agrees as follows:
���� a.���� The contractor or subcontractor, where
applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry,
marital status, affectional or sexual orientation,� gender identity or
expression, disability, nationality or sex.
[
Except with respect to affectional or sexual
orientation and gender identity or expression, the
]
The
contractor will take
affirmative action to ensure that such applicants are recruited and employed,
and that employees are treated during employment, without regard to their age,
race, creed, color, national origin, ancestry, marital status, affectional or
sexual orientation,� gender identity or expression, disability, nationality or
sex.� Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.� The contractor agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause;
���� b.��� The contractor or subcontractor, where
applicable will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation,�
gender identity or expression, disability, nationality or sex;
���� c.���� The contractor or subcontractor where
applicable, will send to each labor union or representative of workers with
which
[
he has
]
they
have
a collective bargaining agreement or other contract or understanding, a notice,
to be provided by the agency contracting officer, advising the labor union or
workers' representative of the contractor's commitments under this act and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment."
���� In soliciting bids for any public works contract
the State or any county or municipality or other political subdivision of the
State, or any agency of or authority created by any of the foregoing, shall
include in the advertisement and solicitation of bids the following language:
"Bidders are required to comply with the requirements of P.L.1975,
c.127."
(cf: P.L.2006, c.100, s.14)
���� 3.��� 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
]
their
or its affirmative action
program of equal opportunity whereby
[
he
]
they
or it guarantees minorities
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
]
their
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)
���� 4.� This act shall take effect
on the 120th day after the date of enactment, except that the State Treasurer
may take any anticipatory administrative action in advance as shall be
necessary for the implementation of this act.
STATEMENT
���� This bill revises various
sections of law to remove the exclusion of affectional or sexual orientation
and gender identity or expression from affirmative action programs under public
works contracts.