N.J. Admin. Code § 13:69K-1.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69K-1.4 - Designation of equal opportunity officer by casino licensee or casino license applicant; responsibility of chief executive officer and equal opportunity officer

(a) Each casino licensee or casino license applicant shall designate a principal member of its organization to serve as an equal opportunity officer. A casino license applicant shall designate its equal opportunity officer prior to the start of actual construction by the casino license applicant or by any affiliated entity of any structure or facility to be used as an approved casino hotel, or prior to the recruitment and employment of personnel necessary to undertake the business of the hotel or casino, whichever first occurs. The chief executive officer shall be ultimately responsible for ensuring that equal employment opportunity is afforded to all prospective and actual employees, that equal business opportunity is afforded to all persons, that affirmative efforts are made to recruit and employ persons with disabilities, and that the casino licensee or casino license applicant achieves full implementation of its approved EEBOP and PPHD. The equal opportunity officer shall be directly responsible for the organization and effective and continuing implementation of its approved EEBOP and PPHD. The position of equal opportunity officer shall require a casino key employee license.

(b) The responsibilities of the equal opportunity officer shall include, without limitation, the responsibility to:

1. Monitor and review all aspects of the personnel procedures and decisions of the casino licensee or casino license applicant;

2. Recommend in writing to the chief executive officer the suspension of any personnel procedure, decision, or transaction that is not consonant with the approved EEBOP and PPHD of the casino licensee or casino license applicant or with any Federal or State law regarding equal employment opportunity including, but not limited to, the prohibitions against discrimination and harassment under the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.; and

3. Act as a liaison and to provide assistance to the Division in the enforcement of section 134 of the Act and this chapter, which responsibility shall include, without limitation, the obligation to prepare and submit such reports, documentation, and statistical information as the Division shall require concerning the casino licensee's or casino license applicant's:

i. Work force composition;

ii. Efforts to assure that equal employment opportunity is being afforded to all persons protected by 5:12-134;

iii. Good faith efforts to implement its EEBOP and PPHD;

iv. Employment, promotion, demotion or transfer decisions;

v. Recruitment, recruitment advertising and union referral efforts;

vi. Rates of pay or other forms of compensation;

vii. Training programs and selection procedures;

viii. Layoff, recall or termination decisions; and

ix. Grievance procedures for, and disposition of, complaints related to equal employment opportunity, including discrimination and harassment, including sexual harassment.

(c) In addition to the responsibilities specified at (b) above, the equal opportunity officer shall have the responsibility to:

1. Monitor and review all aspects of the contracting and purchasing procedures and decisions of the casino licensee or casino license applicant; and

2. Recommend in writing to the chief executive officer the suspension of any contracting or purchasing procedure, decision, or transaction that is not consonant with its approved EEBOP or PPHD or with any Federal or State law regarding equal business opportunity including, but not limited to, the prohibitions against discrimination and harassment under the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.

(d) In addition to the responsibilities specified at (b) and (c) above, the equal opportunity officer shall have the responsibility to:

1. Monitor and review the employment, recruitment and union referral practices of all contractors and subcontractors used in connection with the actual construction, renovation or reconstruction of any structure or facility to be used as an approved hotel, casino, casino simulcasting facility or any related facility;

2. Recommend in writing to the chief executive officer the suspension of any contract or subcontract or payment thereof where the contractor or subcontractor is engaging in any employment, recruitment, referral, or bidding practice that is not consonant with the Act or the rules of the Division or with any Federal or State law regarding equal employment and business opportunity including, but not limited to, the prohibitions against discrimination and harassment under the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.;

3. Accompany the Division, if requested, during on-site inspections authorized pursuant to 13:69K-2.7; and

4. Prepare and submit to the Division such reports, documentation, and statistical information as the Division shall require concerning any contractor or subcontractor used by the casino licensee or casino license applicant in connection with the construction, renovation, or reconstruction of any structure or facility to be used as an approved hotel, casino, casino simulcasting facility, or any related facility.

(e) In addition to any other requirements imposed by this section, a casino licensee or casino license applicant shall comply with the following requirements concerning its equal opportunity officer:

1. The principal areas of responsibility of the equal opportunity officer shall be the implementation, monitoring, and enforcement of the equal employment and business opportunity requirements established by the Act and this chapter, including the requirements regarding implementation of the EEBOP and PPHD. These responsibilities may include, without limitation, the following functions: recruitment; equal employment opportunity and in-person harassment awareness training; legal and statistical analysis of work force composition and utilization; grievance counseling and fact-finding; career advancement counseling; assessment and adaptation of all personnel and compensation policies and procedures for conformity with the EEBOP and PPHD approved by the Division, with any Federal or State equal employment and business opportunity laws including, but not limited to, the prohibitions against discrimination and harassment under the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.; monitoring and coordinating contracting, purchasing, and construction activities; and developing and maintaining the involvement of the casino licensee or casino license applicant in the community in support of equal employment and business opportunity.

2. The title, rank, and level of compensation of the equal opportunity officer shall be comparable to that of a director of a major department within the organization of the casino licensee or casino license applicant.

3. The equal opportunity officer shall be provided with a staff sufficient to achieve full and timely implementation and enforcement of the EEBOP and the PPHD approved by the Division and compliance with the Act and this chapter.

4. The equal opportunity officer shall report directly to the chief executive officer of the casino licensee or casino license applicant or, in his or her absence, to the chief legal officer of the casino licensee or casino license applicant.

(f) Whenever the equal opportunity officer of a casino licensee or casino license applicant makes a suspension recommendation to the chief executive officer pursuant to (b)2, (c)2, or (d)2 above, a copy of the recommendation shall be maintained on file by the casino licensee or casino license applicant for inspection by the Division upon request.

N.J. Admin. Code § 13:69K-1.4

Amended by 53 N.J.R. 366(b), effective 3/1/2021