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Mandatory Equal Employment Opportunity Language for Construction Contracts – Exhibit B

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This document outlines the mandatory equal employment opportunity language required for construction contracts in accordance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27. The contractor agrees not to discriminate against any employee or applicant based on age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex. The contractor must ensure equal employment opportunities in recruitment, employment, and treatment of employees, including posting notices about the nondiscrimination clause.

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--- Document: Mandatory Equal Employment Opportunity Language for Construction Contracts – Exhibit B Document ---
(REVISED 4/10) 
 
 
EXHIBIT B 
 
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE 
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) 
N.J.A.C. 17:27 
CONSTRUCTION CONTRACTS 
 
During the performance of this contract, the contractor agrees as follows: 
 
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 contractor will ensure that equal employment opportunity is afforded 
to such applicants in recruitment and employment, 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 equal employment opportunity shall include, but not be 
limited to the following: employment, up‑grading, 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 Public Agency Compliance Officer setting forth provisions of this 
nondiscrimination clause. 
 
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 with- out 
regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gen- der 
identity or expression, disability, nationality or sex. 
 
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, 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. 
 
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the 
Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans 
with Disabilities Act. 
 
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good 
faith efforts to employ minority and women workers in each construction trade consistent with the targeted 
employment goal prescribed by N.J.A.C. l7:27‑7.2; provided, however, that the Dept. of LWD, Construction EEO 
Monitoring Program may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith 
procedures prescribed by the following provisions, A, B and C, as long as the Dept. of LWD, Construction EEO 
Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a un- ion 
which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO 
Monitoring Program, that its percentage of active "card carrying" members who are minority and women workers is 
equal to or greater than the targeted employment goal established in accordance with N.J.A.C. l7:27‑7.2. The 
contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures: 


(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction 
trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances 
from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action 
obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to 
N.J.S.A. 10:5- 31 et. seq., as supplemented and amended from time to time and the Americans with 
Disabilities Act. If the con- tractor or subcontractor is unable to obtain said assurances from the construction 
trade union at least five business days prior to the commencement of construction work, the contractor or 
subcontractor agrees to afford equal employment opportunities minority and women workers directly, 
consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade 
union, regardless of whether the union has provided said assurances, indicates a significant possibility that 
the trade union will not refer sufficient minority and women workers consistent with affording equal 
employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared 
to provide such opportunities to minority and women workers directly, consistent with this chapter, by 
complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or 
subcontractor further agrees to take said action immediately if it determines that the union is not referring 
minority and women workers consistent with the equal employment opportunity goals set forth in this chap- 
ter. 
 
(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade 
by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or 
arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the 
following actions: 
 
(1) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, 
and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its 
workforce needs, and request referral of minority and women workers; 
 
(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies; 
 
(3) Prior to commencement of work, to request that the local construction trade union refer minority and women 
workers to fill job openings, provided the contractor or subcontractor has a referral agreement or 
arrangement with a union for the construction trade; 
 
(4) To leave standing requests for additional referral to minority and women workers with the local construction 
trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union 
for the construction trade, the State Training and Employment Service and other approved referral sources in 
the area; 
 
(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be con- 
ducted in compliance with the equal employment opportunity and non-discrimination standards set forth in 
this regulation, as well as with applicable Federal and State court decisions; 
 
(6) To adhere to the following procedure when minority and women workers apply or are referred to the 
contractor or subcontractor: 


(i) 
The contactor or subcontractor shall interview the referred minority or women worker. 
 
(ii) 
If said individuals have never previously received any document or certification signifying a level of 
qualification lower than that required in order to perform the work of the construction trade, the 
contractor or subcontractor shall in good faith determine the qualifications of such individuals. The 
contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification 
standards in conformity with the equal employment opportunity and non-discrimination principles set 
forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least 
possesses the requisite skills, and experience recognized by a union, apprentice program or a referral 
agency, provided the referral agency is acceptable to the Dept. of LWD, Construction EEO Monitoring 
Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women 
workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by 
the provisions of (C) below. 
 
(iii) 
The name of any interested women or minority individual shall be maintained on a waiting list, and 
shall be considered for employment as described in (i) above, whenever vacancies occur. At the request 
of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall 
provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies. 
 
(iv) 
If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is 
not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or 
subcontractor shall inform the individual in writing of the reasons for the determination, maintain a 
copy of the determination in its files, and send a copy to the public agency compliance officer and to the 
Dept. of LWD, Construction EEO Monitoring Program. 
 
(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered 
by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and 
submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request. 
 
(C) The contractor or subcontractor agrees that nothing contained  in (B) above shall preclude the contractor or 
subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable 
collective bargaining agreement or union hiring hall arrangement, and, where required by custom or 
agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program 
for admission, pursuant to such agreement or arrangement. However, where the practices of a union or 
apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities 
and women consistent with the targeted county employment goal, the contractor or subcontractor shall 
consider for employment persons referred pursuant to (B) above without regard to such agreement or 
arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ 
women and minority advanced trainees and trainees in numbers which result in the employment of advanced 
trainees and trainees as a percentage of the total workforce for the construction trade, which percentage 
significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining 
agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice 
in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the 
procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the 
geographical jurisdiction of the union. 


After notification of award, but prior to signing a construction contract, the contractor shall submit to the public 
agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project work- 
force report (Form AA 201) electronically provided to the public agency by the Dept. of LWD, Construction EEO 
Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance with 
N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a 
month thereafter for the duration of this contract to the Division and to the public agency compliance officer. 
 
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for 
on‑the‑job and/or off‑the‑job programs for outreach and training of minorities and women. 
 
(D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD, 
Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO 
Monitoring Program from time to time in order to carry out the purposes of these regulations, and public 
agencies shall furnish such information as may be requested by the Dept. of LWD, Construction EEO 
Monitoring Program for conduct- ing a compliance investigation pursuant to Subchapter l0 of the 
Administrative Code (NJAC 17:27).