N.J. Admin. Code § 13:69K-5.3

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

Section 13:69K-5.3 - Minimum standards

(a) The Division, through Director action, shall determine the minimum standards regarding the basic components set forth at N.J.A.C. 13:69K-5.2(a), and such current minimum standards are set forth at (b) below.

(b) The Division's minimum standards recognize the paramount importance of creating and maintaining a work environment that is safe for all employees, one in which diversity, inclusion, and the dignity of each employee is respected, and which is free from any form of discrimination or harassment. Those standards further recognize that many of New Jersey's casino licensees, casino license applicants, and qualifying entities have long-standing policies, plans, procedures, and training in place to prevent discrimination and harassment, including, but not limited to, sexual harassment occurring in the course of employment, whether in the workplace or in any work-related setting outside of the workplace. The failure of a casino licensee, casino license applicant, or qualifying entity to adopt or effectively apply comprehensive written policies addressing the prevention of such discrimination or harassment may lead to the violation of Federal, State, or local laws, rules, and regulations that could reflect or tend to reflect discredit upon the State of New Jersey or its gaming industry. For each basic component at N.J.A.C. 13:69K-5.2, the following minimum standards shall apply:

1. The comprehensive written policy shall include:

i. An unequivocal statement that discrimination and harassment, including sexual harassment, will not be tolerated;

ii. An unequivocal statement that there is an organizational commitment to diversity, inclusion, respect, and the prohibition of discrimination and harassment with the goal to create and maintain a safe working environment for all employees;

iii. An unequivocal statement that all employees are prohibited from retaliating against an individual who has submitted a good faith report regarding discrimination or harassment or any witness who has provided information regarding such report;

iv. An easy-to-understand description of examples of prohibited conduct; and

v. A statement that examples of "sexual harassment" may include, but are not limited to, each of the following actions depending on the circumstances: sexually suggestive behavior; sexually suggestive staring or leering; sexual or sexually suggestive jokes; sexual propositions; sexual or physical contact, including touching, slapping, kissing, or pinching; sexual comments, insults, or teasing; sexually offensive gestures; intrusive questions about sexual activity; and sexually explicit or offensive material that is displayed in a public place or put in an employee's work area or belongings;

2. The affirmative statement by the chief executive officer shall include a provision that the PPHD applies to:

i. All employees in their interactions with each other and with vendors, providers, principals, officers, directors, and other persons with whom an employee comes into contact in the course of employment, including customers or patrons, whether in the workplace or in any work-related setting outside the workplace, although nothing contained in this subchapter or in the PPHD is intended to increase or modify the scope of liability for a casino licensee or casino license applicant for harassment or discrimination as provided for in the Law Against Discrimination, N.J.S.A. 10:5-1et seq.;

ii. All conduct in the regular course of employment, whether in the workplace or in any work-related setting outside of the workplace, as well as all conduct in other employment practices, including, but not limited to, recruitment, interviewing, selection, hiring, training, promotion, transfer, assignment, layoff, return from layoff, termination, discharge, and determinations regarding compensation, benefits, working conditions, and career development; and

iii. Unwelcome harassment, including of a sexual nature, that is not directed at an individual but pervades the workplace and interferes with the ability of a reasonable individual to do his or her job;

3. Awareness and prevention training shall be addressed in the PPHD and shall set forth the following:

i. A requirement to communicate in person all discrimination and harassment prevention policies and procedures;

ii. A requirement to train all employees, including, but not limited to, managers, officers, directors, principals, partners, and owners; and

iii. A requirement to conduct training upon commencement of each person's employment or acquisition of interest and at least once annually in person thereafter;

4. Procedures and methods for reporting discrimination or harassment shall be set forth in the PPHD and shall include:

i. A reporting method or system for employees who experience or observe incidents or patterns of discrimination or harassment, including sexual harassment;

ii. Multiple avenues for making such reports, meaning that the procedures must identify two or more persons to whom an employee can report harassment or discrimination; and

iii. A requirement that any person who retaliates against an individual who submits a good faith report regarding discrimination or harassment or against any witness that provided information regarding such a report will be subject to appropriate disciplinary action;

5. The procedures for investigating a report of discrimination or harassment shall be addressed in the PPHD and shall set forth the following requirements:

i. The casino licensee or casino license applicant will promptly initiate an investigation into any report of discrimination or harassment;

ii. Such investigation will be conducted in a thorough and impartial manner;

iii. The identity of an individual who submits a report, a witness who provides information regarding a report, the target of the complaint, and any information gathered as part of the investigation will be kept confidential, except as reasonably necessary to comply with applicable laws, rules, and regulations or to conduct an appropriate investigation, and only disclosed to the extent consistent with a thorough and impartial investigation;

iv. The casino licensee or casino license applicant will take prompt action if it is determined that an incident or pattern of discrimination or harassment, including sexual harassment, has occurred;

v. Reasonable efforts will be made within 30 days of the conclusion of an investigation to communicate the disposition of the matter to the person who filed the complaint of discrimination or harassment and to any person who has been or is subject to a credible risk of retaliation relating to the complaint of discrimination or harassment, including, but not limited to, employment based retaliation; and

vi. All records relating to unsubstantiated, substantiated, and pending complaints of unlawful harassment or unlawful discrimination will be retained for no less than six years and will be made available for inspection by the Division upon request;

6. The potential consequences for any person found to have committed an act of discrimination or harassment, including sexual harassment shall be identified in the PPHD; and

7. Methods for conducting an annual assessment of the PPHD shall include:

i. An annual assessment of the PPHD to ensure that employees, managers, officers, directors, principals, partners, and owners are being effectively educated regarding prohibited conduct, how to report and otherwise deal with such conduct, and the consequences of engaging in such prohibited conduct; and

ii. A means of establishing and enforcing accountability for achieving the objectives of this chapter and the PPHD of the casino licensee or casino license applicant in the performance evaluations of executives, managers, and supervisors.

(c) The minimum standards set forth in this section do not relieve a casino licensee or a casino license applicant of its obligations to comply with all other applicable Federal and State laws relating to discrimination or harassment, including sexual harassment.

N.J. Admin. Code § 13:69K-5.3

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