Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Concerns unlawful discrimination and harassment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning unlawful discrimination and harassment, supplementing P.L.1945, c.169, and revising various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Mandatory workplace policies on unlawful discrimination and harassment, including sexual harassment and retaliation.
a. For purposes of this section, the terms discrimination and harassment refer to unlawful discrimination or harassment of an individual because of any characteristic of the individual protected by subsection a. of section 11 of P.L.1945, c.169 (C.10:5-12), and retaliation refers to any action taken against an individual in violation of the provisions of subsection d. of section 11 of P.L.1945, c.169 (C.10:5-12).
b. Within one year of the date of enactment of P.L. , c.
(C. ) (pending before the Legislature as this bill), all employers shall adopt a written nondiscrimination policy that establishes policies and procedures concerning unlawful discrimination and harassment, including sexual harassment, in the workplace which is applicable to all employees in their interactions with each other and with vendors, suppliers, customers, clients, invitees, and patrons, and which shall include, at a minimum, the following:
(1) a statement that unlawful discrimination or harassment in the workplace will not be tolerated, and that sanctions will be enforced against individuals engaging in unlawful discrimination or harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue;
(2) a definition of unlawful discrimination and unlawful harassment in employment;
(3) examples of discriminatory and harassing behaviors prohibited by the policy;
(4) a description of the process for filing internal complaints about discrimination or harassment and the complete contact information of the person or persons to whom complaints should be made;
(5) directions as to how to contact the division if a person believes their rights were violated;
(6) the statute of limitations periods applicable to filing a claim of unlawful discrimination and harassment under P.L.1945, c.169 (C.10:5-1 et seq.);
(7) a prohibition on retaliation against those who disclose, report, participate in an investigation of, or otherwise challenge discrimination or harassment;
(8) examples of retaliatory behaviors prohibited by the policy;
(9) a description of potential consequences for violating the policy; and
(10) a statement of the employer s commitment to conducting prompt, thorough, and impartial investigations of complaints of such discrimination, harassment, or retaliation.
c. All employers shall disseminate the policy required in subsection b. of this section at least once annually to all employees, and to each employee:
(1) at the beginning of employment;
(2) who complains internally about a violation of the policy, at the time the complaint is made;
(3) who is interviewed by the employer or the employer s designee in connection with any investigation of any complaint about a violation of the policy, prior to or at the time of the interview; and
(4) whenever any updates to the policy are made.
d. All employers shall review the policy at least annually to ensure that it complies with this section and other applicable laws and regulations.
e. All employers shall make the policy available in English, Spanish and any language spoken by an employee who does not speak English as the employee s primary language and who has a limited ability or no ability to read, speak, write, or understand English.
f. In addition to the requirements in subsections b., c., d., and e. of this section, employers with 50 or more employees shall:
(1) in addition to the content requirements outlined in subsection b. of this section, customize their policy to their specific workplace and industry by, at a minimum, including:
(a) multiple channels through which an employee may report unlawful discrimination or harassment; and
(b) a general description of the process by which the employer will conduct prompt, thorough, and impartial investigations and respond to complaints regarding such discrimination or harassment.
(2) In addition to the dissemination requirements outlined in subsection c. of this section:
(a) post the policy in a prominent location on the employer s website, provided, however, that nothing in this subsection shall require an employer to create or maintain a website for the sole purpose of posting the policy thereon; and
(b) disseminate the policy to any employee upon that employee s promotion.
(3) In addition to the translation requirements outlined in subsection e. of this section, translate the nondiscrimination policy required by subsection b. of this section into any language identified by an employee as their primary language, if the employee does not speak English as their primary language and has a limited ability or no ability to read, speak, write, or understand English.
g. Any person who employs an individual to perform domestic work in their private residence or in the private residence of a family member shall, at the time of hire and at least once annually, provide to the individual a printed copy of materials regarding unlawful discrimination and harassment made available by the division.
h. For purposes of this section, an employer has 50 or more employees if the employer employs 50 or more employees, whether employed in New Jersey or not, for each work day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year.
i. Notwithstanding any other provision of P.L.1945, c.169 (C.10:5-1 et seq.), nothing in this section shall be construed to permit a private person to file a complaint with the division or initiate an action in superior court alleging a violation of P.L.1945, c.169 (C.10:5-1 et seq.) because of any failure to comply with the provisions of this section. However, the Attorney General or the director may enforce violations of this section and may pursue any penal