N.J. Admin. Code § 13:69K-4.1

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

Section 13:69K-4.1 - Equal employment opportunity obligations of casino licensees and casino license applicants concerning the operations work force

(a) Each casino licensee and casino license applicant shall provide equal employment opportunity to all prospective and actual employees at all levels of the operations work force.

(b) Each casino licensee and casino license applicant shall be required to:

1. Post notices available to employees and applicants for employment of the equal employment opportunity obligations of the casino licensee or casino license applicant;

2. Include a statement in all postings, advertisements or other solicitations for employment that it is an equal opportunity employer;

3. Post all employment openings for response by qualified in-house employees and, when appropriate, advertise such openings in newspapers of general circulation and other media which reach a cross-section of the population in the area from which the work force will be drawn;

4. Send to each labor union or representative of workers with which it has a collective bargaining agreement, a notice of the obligations of the casino licensee or casino license applicant under the Act and this chapter;

5. Evaluate any criteria, tests, interview procedures and other requirements for employment, promotion or transfer of employees to assure that they are not discriminatory in their impact or that no less discriminatory methods of evaluation or prediction of job performance are feasible;

6. Provide to the Division, upon request, a description of all criteria, tests, interview procedures or other procedures used to determine whether to employ an applicant for employment or to transfer, upgrade or promote an existing employee; and

7. If necessary, comply with the provisions of (c) below.

(c) In the event that any criteria, test, interview procedure, or other employment procedure used by a casino licensee or casino license applicant is shown to have a discriminatory impact, the casino licensee or casino license applicant shall be required to demonstrate to the satisfaction of the Division that no less discriminatory method of evaluation or prediction of job performance is feasible. In such case, the casino licensee or casino license applicant shall justify the requirements imposed and shall demonstrate to the satisfaction of the Division that any criteria, tests, interview procedures, or other procedures used are truly predictive of job performance. The casino licensee or casino license applicant shall discontinue the use of any criteria, tests, interview procedures, or other employment procedures that have a discriminatory impact and that cannot be validated as truly predictive of job performance to the satisfaction of the Division. In attempting to establish the validity of the criterion, test, interview procedure, or other employment procedure, the casino licensee or casino license applicant shall be guided by the Law Against Discrimination, N.J.S.A. 10:5-1et seq., the rules of the New Jersey Division on Civil Rights, and the U.S. Equal Employment Opportunity Commission.

N.J. Admin. Code § 13:69K-4.1

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