of New Jersey
WHEREAS, From the inception of this nation the people of this country
have been dedicated to the credo enshrined in the Declaration of Independence,
" that all men are created equal; that they
are endowed by their Creator with certain unalienable rights; that among
these are life, liberty and the pursuit of happiness;"
WHEREAS, The Constitution of New Jersey has proclaimed these ideals guaranteeing
that. "No person shall be denied the enjoyment of any civil or military
right, nor be discriminated against in the exercise of any civil or military
right, nor be segregated in the militia or in the public schools, because
of religious principles, race, color, ancestry or national origin;"
WHEREAS, The New Jersey Law Against Discrimination was adopted 20 years
ago "for the protection of the public safety, health and morals and
to promote the general welfare.., in fulfillment of the provisions of
the Constitution of this State guaranteeing civil rights;"
WHEREAS, In accordance with the principles of fair practices, we must
strive to recognize the abilities and talents of every individual, while
denying to no person his rightful opportunity because of race, creed,
color, religion, national origin, ancestry, age, sex or liability for
service in the Armed Forces of the United States;
WHEREAS, This year New Jersey enters the fourth century of its history
during which it is particularly fitting that we should rededicate ourselves
to those ideals which have made us great and which have inspired faith
in this government by peoples from far-flung ends of the earth;
WHEREAS, The Federal Civil Rights Act of 1964 has translated the foregoing
ideals into principles of Federal law in many cases binding upon the States;
WHEREAS, A series of discussions and consultations with New Jersey citizens
from all walks of life has made it clear that the public policy of this
State would best be served by a formal codification, enumeration and updating
of the broad variety of
laws, policies and administrative practices on equal opportunity already
in effect in New Jersey government;
Now, THEREFORE, I, RICHARD J. HUGHES, Governor of this State of New Jersey,
by virtue of the authority vested in me by the Constitution and by the
statutes of this State, do hereby adopt the following Governor's Code
of Fair Practices and hereby order and direct that said Code be the governing
and guiding policy of the Executive Branch of the Government of the State
of New Jersey:
GOVERNOR'S CODE OF FAIR PRACTICES
APPOINTMENT, ASSIGNMENT AND PROMOTION OF STATE PERSONNEL
State officials and supervisory personnel shall recruit, appoint, assign,
train, evaluate and promote State personnel on the basis of merit and
qualifications, without regard for race, creed, color, religion, national
origin, ancestry, age, sex or liability for service in the Armed Forces
of the United States.
All State agencies shall issue instructions to carry out this policy
to guarantee equal employment opportunity at all levels of State Government.
Personnel practices shall be regularly reviewed, and to the extent feasible,
orientation programs shall be conducted for supervisory and other employees
with emphasis on human relations and fair practices in employment.
The Civil Service Commission shall continue to take appropriate steps
to insure that all examinations, oral and written, and appointments from
certified lists shall be carried out on a non-discriminatory basis. All
State agencies shall adhere to the employment provisions of N. J. Rev.
Stat. 18:25-1 et seq., the New Jersey Law Against Discrimination,
and N. J. Stat. 10:1-1, of The New Jersey Civil Rights Act.
Every State contract or subcontract for construction on public buildings
or for other public work or for goods and services shall contain provisions
barring discrimination or differential treatment in employment because
of race, creed, color, religion, national origin, ancestry, age, sex or
liability for service in the Armed Forces of the United States. Such provisions
shall be substantially in the following form so as to bind and encourage
fair and non-discriminatory pratices.
NO DISCRIMINATION IN EMPLOYMENT
(a) The Contractor will not discriminate against any employee or applicant
for employment because of race, creed, color, religion, national origin,
ancestry, age, sex or liability for military service. The Contractor will
take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race,
creed, color, religion, national omgin, ancestry, age, liability for military
service, or sex. Such action shall include, but not be limited to, the
following: employment, upgrading, 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 setting forth the provisions of
this non- discrimination clause.
(b) The Contractor 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 without regard to race, creed,
color, religion, national origin, ancestry, age, sex or liability for
(c) The Contractor will send to each labor union or representative of
workers with which the Contractor has a collective bargaining agreement
or other contract or understanding a notice advising the said labor union
or workers' representative of the Contractor's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(d) The Contractor will include the provisions of Par. (a) through (c)
of this Section in every contract, and will require the inclusion of these
provisions in every subcontract entered into by any of its subcontractors,
so that such provisions will be binding upon each such subcontractor,
as the case may be. For the purpose of including such provisions in any
construction contract or subcontract, as required hereby, the term "Contractor"
and the term "Subcontractor" may be changed to reflect appropriately
the name or designation of the parties of such contract or subcontract.
(e) The Contractor agrees that he will fully co-operate with the office
of the Attorney General of the State of New Jersey, with any other office
or agency of the State of New Jersey which seeks to deal with the problem
of unlawful or invidious discrimination, and with all other State efforts
to guarantee fair employment practices under this contract; and said Contractor
will comply promptly with all requests and directions from the State of
New Jersey or any of its officers or agencies in this connection, both
before and during construction.
(f) Full co-operation as expressed in clause (e) foregoing shall include,
but not be limited to, being a witness or complainant in any proceeding
involving questions of unlawful or invidious discrimination if such is
deemed necessary by any official or agency of the State of New Jersey,
permitting employees of said Contractor to be witnesses or complainants
in any proceeding involving questions of unlawful or invidious discrimination,
if such is deemed necessary by any official or agency
of the State of New Jersey, signing any and all documents involved in
any proceeding involving questions of unlawful or invidious discrimination,
the execution of which are deemed necessary by any official or agency
of the State of New Jersey, participating in meetings, submitting periodic
reports on the racial aspects of present and future employment, assisting
in inspection at the construction site, and promptly complying with all
State directives deemed essential by any office or agency of the State
of New Jersey to insure compliance with all Federal and State laws, regulations
and policies against racial or other unlawful or invidious discrimination.
(g) The .................... (executive head of the Department or other
agency which is a party to the contract, such as the State Treasurer or
the State Highway Commissioner) of the State of New Jersey shall have
the sole discretion and power to declare this contract null and void for
any material breach of this provision upon 10 days' notice fo the Contractor.
In such event the Contractor shall become liable for any and all damages
which shall accrue to the State of New Jersey including, but not limited
to, the difference between the total cost of completion and the contract
price under this agreement.
The responsible officer overseeing compliance with such fair practice
and non-discrimination provisions shall be the executive head of such
department or other agency of the State of New Jersey as is a party to
the contract. Such responsible officer shall report fo the Governor on
progress made and developments occurring in this area.
STATE EMPLOYMENT SERVICES
All State agencies, including educational institutions, which provide
employment' referrals or placement services to public or private employers,
shall accept job orders on a fair practice basis.
Any job request indicating an intention to exclude any person because
of race, creed, color, religion, national origin, ancestry, age, liability
for service in the armed forces, or sex shall be rejected.
All State agencies shall co-operate in programs developed by the Division
on Civil Rights initiated for the purpose of broadening the base for job
recruitment and shall further co-operate with all employers and unions
initiating such programs.
The Department of Labor and Industry shall fully utilize its knowledge
of and jurisdiction over the labor market, contracts with job applicants,
employers and labor unions, and the practices of employment agencies in
order to promote equal employment opportunities.
STATE FACILITIES AIVD SERVICES
All services of every State agency shall be performed without invidious
discrimination based upon race, creed, color, religion, national origin,
ancectry, age, liability for service in the Armed Forces of the United
States, or sex. No State facility shall be used in the furtherance of
any discriminatory practice, nor shall any State agency become a party
to any agreement, arrangement or plan which has the effect of sanctioning
discriminatory practices. Each State agency shall critically analyze all
of its operations to ascertain possible instances of non-compliance with
this policy and shall initiate sustained, comprehensive programs to remedy
any defect found to exist.
STATE LICENSING AND REGULATORY AGENCIES
State agencies shall not consider race, creed, color, religion, national
origin, ancestry, or sex in granting, denying or revoking a license or
All licensed real estate brokers, salesmen or their representatives,
developers, corporations and other persons engaged in rental or sale of
real property, and lending institutions shall abide by the relevant housing
provisions of the New Jersey Law Against Discrimination and the rules
and regulations of the New Jersey Real Estate Commission.
STATE EDUCATION, COUNSELING AND TRAINING PROGRAMS
All educational, counseling, and vocational guidance programs and all
apprenticeship and on-the-job training programs of State agencies, or
in which State agencies participate, shall be open to all qualified persons,
without regard to race, creed, color, religion, national origin, ancestry,
sex or liability for military service. Such programs shall be conducted
to encourage the fullest development of the interests, aptitudes, skills,
and capacities of all students and trainees, with special attention to
the problems of culturally deprived, educationally handicapped, or economically
disadvantaged persons. Expansion of training opportunities under these
programs shall also be encouraged with a view toward involving larger
numbers of participants from those segments of the labor force where the
need for upgrading levels of skill is greatest.
It is the policy of the State of New Jersey, as originally articulated
in decisions of the Commissioner of Education, that de facto segregation
or racial imbalance in the public schools of this State be eliminated.
It is also the policy of the State of
New Jersey to preserve the neighborhood school system insofar as the policy
of eliminating racial imbalance and de facto segregation in the
public schools will not be hampered thereby.
The Department of Education shall continue its efforts toward assisting
local school districts in the elimination of racial imbalance in the public
schools of the State and in promoting fair employment practices for certified
teachers, and shall also encourage the widest participation in programs
of human relations training for scool administrators, teachers and students.
PRIVATE EDUCATIONAL INSTITUTIONS
All private educational institutions licensed or chartered by the State,
including professional, business, and vocational training schools, shall
comply with the State policy of non-discrimination their student admissions
and other practices as a condition of continued participation in any State
program or eligibility to receive any form of State assistance.
STATE FINANCIAL ASSISTANCE
Race, creed, color, religion, , national origin, ancestry or sex shall
not be considered as limiting factors in State-administered programs involving
the distribution of funds to qualified applicants for benefits authorized
by law; nor shall State agencies provide grants, loans or other financial
assistance to public agencies, private institutions or organizations which
engage in discriminatory practices of an invidious nature.
CO-OPERATION WITH THE NEW JERSEY DIVISION ON CIVIL RIGHTS
All State agencies shall co-operate fully with the Departmenl of Law
and Public Safety and in par-
ticular with the New Jersey Division on Civil Rights in that Department
in both their enforcement and education programs. They shall comply with
the Department or Division's requests for information concerning practices
inconsistent with the State policy against discrimination and shall follow
their recommendations for effectuating and implementing that policy. The
Division on Civil Rights shall continne to augment its enforcement and
education programs which seek to eliminate all invidious discrimination.
Through the Attorney General's office, the State shall encourage local
law enforcement agencies to develop special training programs in the field
of human relations and to promote mutual understanding and respect for
the law enforcement officer's duty to maintain the peace and the citizen's
right to protection of his constitutional guarantees.
All State agencies shall report periodically to the Governor or specially
upon his request with respect to programs undertaken to insure the effectuation
of this Code. Such reports shall cover both internal activities and external
relations with the public or with other State agencies and shall contain
other information as specifically requested by the Governor.
Copies of this Code shall be distributed to all State officials and agencies
and the governing
boards of all political subdivisions of the State, and shall be posted
in prominent locations in all State or local governmental facilities.
my hand and seal this
24th day of June in the year of Our
Lord, one thousand nine hundred
and sixty-five, and of the Independence
of the United States, the one hundred
James J. McLaughlin,
Acting Secretary to the Governor.