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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
  1. I work for a New Jersey State Government agency and I think that I am being subjected to discrimination on my job. How can I file a complaint?
  2. I work for a private employer and I think that I am being subjected to discrimination on my job. How can I file a complaint?
  3. I applied for a job with a State agency and I think I was discriminated against. How can I file a complaint?
  4. How long do I have to file a complaint?
  5. If I file a discrimination complaint, can it be held against me? Can it jeopardize my job?
  6. If I file a discrimination complaint, how can I ensure it is handled confidentially?
  7. My supervisor is rude, demanding, and insensitive to the extent that it has created a hostile work environment. Can I file a discrimination complaint against them?
  8. What is a protected category?
  9. May an employer refuse to hire me because of my disability?
  10. What defines a disability?
  11. I have a disability. Does my employer have to give me preference over employees who are not disabled in making personnel decisions?
  12. What is a reasonable accommodation?
  13. Is the CSC required to make reasonable accommodations in order to administer tests to qualified applicants and employees with disabilities?
  14. I have a disability that affects my attendance. Do I have to follow my employer’s attendance and leave policies?
  15. What is sexual harassment?
  16. As a male, can I be a victim of sexual harassment?
  17. My religion requires that I wear head and body covering. Can my employer prohibit me from wearing religious clothing at work?

  1. I work for a New Jersey State Government agency and I think that I am being subjected to discrimination on my job. How can I file a complaint?
    Instructions on how to
    file a complaint can be found in our Equal Employment Opportunity/Affirmative Action (EEO/AA) section of our website.

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  2. I work for a private employer and I think that I am being subjected to discrimination on my job. How can I file a complaint?
    You can file a complaint with any of the following:

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  3. I applied for a job with a State agency and I think I was discriminated against. How can I file a complaint?
    Click here to view instructions on how to file a complaint.

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  4. How long do I have to file a complaint?
    There is no specific timeframe for filing an internal complaint with an appointing authority's EEO Officer. However, you should make every effort to file your complaint promptly. Delays in filing may hinder a proper investigation and may allow the situation to continue.

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  5. If I file a discrimination complaint, can it be held against me? Can it jeopardize my job?
    Both the Federal and state anti-discrimination laws and the
    New Jersey State Policy Prohibiting Discrimination in the Workplace prohibit retaliation against anyone who files a discrimination complaint, participates in a complaint investigation or opposes a discriminatory practice. If you think that you are being retaliated against for submitting a discrimination complaint, you should file an additional complaint with your employer's Equal Employment Opportunity/Affirmative Action Officer, the US Equal Employment Opportunity Commission, or the New Jersey Division on Civil Rights.

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  6. If I file a discrimination complaint, how can I ensure it is handled confidentially?
    There is a confidentiality provision in the
    New Jersey State Policy Prohibiting Discrimination in the Workplace which specifics that all complaints and investigations shall be handled in a manner that will protect the privacy interests of those who are involved in the process. During the processing or investigation of a complaint it may be necessary to discuss the complaint with the person against whom the complaint has been filed as well as other persons who may have relevant knowledge about the allegations that have been made. All persons who are interviewed should be directed not to discuss any aspect of the investigation with anyone else. It is our recommendation that all parties also be asked to sign a Statement of Confidentiality and Prohibition Against Retaliation [pdf]. Anyone who fails to comply with the confidentiality requirement may be subjected to disciplinary action.

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  7. My supervisor is rude, demanding, and insensitive to the extent that it has created a hostile work environment. Can I file a discrimination complaint against them?
    Under State and Federal laws, the definition of employment discrimination is based on specific protected categories. If the supervisor's actions cannot be linked to one of the protected categories, the actions will not be considered employment discrimination. In that case, you should report them to the Human Resources director or the Employee Relations manager.

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  8. What is a protected category?
    State and federal laws protect individuals or groups from differential treatment based on the following characteristics or categories: race, creed, color, national origin, ancestry, sex, age, marital status, religion, familial status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability. See the
    New Jersey State Policy Prohibiting Discrimination in the Workplace for an outline of the protected categories.

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  9. May an employer refuse to hire me because of my disability?
    No. Under state and federal law, a person with a disability cannot be denied employment unless the disability prevents his or her performance of essential job duties, or could cause serious personal harm or harm others.

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  10. What defines a disability?
    1. Under the federal Americans With Disabilities Act, an individual is considered to have a "disability" if he or she:
      1. has a physical or mental impairment that substantially limits one or more major life activities;
      2. has a record of such an impairment or
      3. is regarded as having such an impairment.
      Some examples of impairments which substantially limit major life activities include: seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. Temporary impairments of short duration are not covered.
    2. Under the New Jersey Law Against Discrimination, a disability is defined as a:

      1. physical disability, infirmity, malformation or disfigurement;
      2. physical illness or disease;
      3. mental, psychological or developmental disability that results from conditions which prevent the normal exercise of any bodily or mental function or which can be shown to exist through accepted clinical or laboratory diagnostic tests.

    Some examples of impairments which constitute a disability under the state law, include but [is] are not limited to: paralysis, amputation, epilepsy, visual or hearing impairments, speech impediments, AIDS, HIV infection, sickle cell trait and other atypical hereditary cellular or blood traits, deafness, blindness, obesity, diabetes, and multiple sclerosis.

    This state law also extends to protect persons who are perceived or believed to be [suffering from a disability] disabled, whether or not the medical conditions from which they suffer have in fact made them disabled.

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  11. I have a disability. Does my employer have to give me preference over employees who are not disabled in making personnel decisions?
    No. Employers should select the best qualified individuals for appointment, promotion, and other favorable personnel actions regardless of disability. Under state and federal law, employers may not make employment decisions based on disabilities.

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  12. What is a reasonable accommodation?
    A reasonable accommodation is any modification or adjustment to a job or work environment that will enable a qualified applicant to participate in the hiring process, or will enable a qualified employee to perform essential job functions. Reasonable accommodations may include making facilities accessible to individuals with disabilities; restructuring a job; modifying work schedules; modifying equipment; acquiring assistive devices; providing readers or interpreters; and modifying examinations, training programs, or other employee programs. A reasonable accommodation may mean re-assigning disabled employees to vacant positions for which they are qualified when they can no longer do their original jobs even with a reasonable accommodation. Employers are not required to lower quality or quantity standards in order to make an accommodation.

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  13. Is the CSC required to make reasonable accommodations in order to administer tests to qualified applicants and employees with disabilities?
    Yes. CSC may need to make accommodations to make sure that exams measure a person's actual ability to do the job instead of reflecting limitations caused by a disability. When testing people who have sensory, speaking, or manual impairments, CSC should use a format that does not require the use of the impaired skill unless it is a job-related skill that the test is designed to measure.

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  14. I have a disability that affects my attendance. Do I have to follow my employer’s attendance and leave policies?
    Your employer can establish attendance and leave policies that apply to all employees, regardless of disability. Employers generally may not refuse leave needed by an employee with a disability if the employer allows employees without a disability to use leave time when needed. It may be necessary for an employer to make adjustments in its leave policy as a reasonable accommodation for an employee with a disability. The employer is not required to provide additional paid leave, but may allow flexibility in the use of leave time and/or unpaid leave as reasonable accommodations.

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  15. What is sexual harassment?
    Sexual harassment is a form of sex discrimination that violates Federal and State laws and the New Jersey State Policy Prohibiting Discrimination in the Workplace. There are three types of sexual harassment: (1) "quid pro quo" harassment involves unwelcome advances or requests for sexual favors in exchange for an employment action e.g. promotion, time off, etc.; (2) "Hostile work environment" harassment may include unwelcome advances or other conduct which has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment; and (3) third-party sexual harassment which involves situation in which a third party is exposed to sexually explicit or offensive materials in the workplace. This may include overhearing inappropriate comments, or exposure to inappropriate e-mails, posters, etc.

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  16. As a male, can I be a victim of sexual harassment?
    Yes. A sexual harassment victim can be either male or female. The victim does not have to be a different gender from the harasser. Victims may include both the person who is being harassed and anyone else who is affected by the offensive conduct (third-party sexual harassment - hostile environment).

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  17. My religion requires that I wear head and body covering. Can my employer prohibit me from wearing religious clothing at work?
    An employer may not discriminate against an employee on the basis of religion or creed. Employers must give reasonable accommodation to an employee's religious beliefs unless the accommodation creates an undue burden on the employer. Employees may wear religious clothing unless it has a negative impact on workplace safety or efficiency.

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