Frequently
Asked Questions
What
is discrimination in employment?
Discrimination is different treatment (or
having the effect of different treatment) of
persons because of their race, color, national
origin, ancestry, age, sex, affectional or sexual
orientation, marital status, atypical hereditary
cellular or blood trait, handicap, nationality
or because of their liability for service in
the Armed Forces of the United States.
What discriminatory practices
are prohibited?
Harassment on the basis of race, color,
religion, sex, national origin, disability, or
age;
Retaliation against an individual for
filing a charge of discrimination, participating
in an investigation, or opposing discriminatory
practices;
Employment decisions based on stereotypes
or assumptions about the abilities, traits, or
performance of individuals of a certain sex, race,
age, religion, or ethnic group, or individuals
with disabilities; and
Denying employment opportunities to a person
because of marriage to, or association with,
and individual of a particular race, religion,
national origin, or an individual with a disability.
Title VII also prohibits discrimination because
of participation in schools or places of worship
associated with a particular racial, ethnic,
or religious group.
Who is covered by the discrimination
laws?
Title VII of the Civil Rights Act of 1964,
as amended prohibits discrimination based on
race, color, religion, sex, or national origin.
It also prohibits reprisal retaliation for participating
in the discrimination complaint process or for
opposing any unlawful employment practice under
Title VII.
What is sexual harassment?
Rejection of such conduct by an individual
is used as the basis for employment decisions
affecting such individual.
What is "Hostile
Environment" sexual harassment?
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct
of a sexual nature constitute "hostile environment"
sexual harassment when such conduct has the
purpose or effect of unreasonably interfering
with an individual's work performance or creating
intimidating, hostile, or offensive working
environment.
What is unwelcome
sexual conduct?
Sexual conduct becomes unlawful only when
it is unwelcome. The challenged conduct must
be unwelcome in the sense that the employee
did not solicit or incite it, and in the sense
that the employee regarded the conduct as undesirable
or offensive.
Who can be a victim
of sexual harassment?
The victim does not have to be of the opposite
sex. The victim does not have to be the person
harassed but could be anyone affected by the
offensive conduct.
Who can be a harasser?
The harasser may be a woman or a man. He or
she can be the victim's supervisor, and agent
of the employer, a supervisor in another area,
a co-worker, or a non-employer.
What should a sexual
harassment victim do?
The victim should inform the harasser that
the conduct is unwelcome and must stop. The
victim should submit a written incident report
to the OEO and/or authorized agency. All complaints
will be processed in accordance with DEP's P
& P 2.48
How are Individuals
with Disabilities Protected?
Title I of the ADA protects qualified
individuals with disabilities from employment
discrimination. Under the ADA, a person has a
disability if he has a physical or mental impairment
that substantial limits a major life activity.
The ADA protects individuals who have a record
of a substantially limiting impairment, and people
who are regarded as having a substantially limiting
impairment.
An individual with a disability must also
be qualified to perform the essential functions
of the job with or without reasonable accommodation,
in order to be protected from job discrimination
by the ADA. This means that the applicant or
employee must satisfy the employer's requirements
for the job, such as education, employment experience,
skills or licenses. The applicant or employee
must be able to perform the essential functions
of the job with or without reasonable accommodation.
What is a Major Life
Activity?
A major life activity such as hearing, seeing,
speaking, walking, breathing, performing manual
tasks, caring for oneself, learning or working.
What is an Essential
Job Function?
Essential functions are the fundamental job
duties that you must be able to perform on your
own or with the help of a reasonable accommodation.
What is Reasonable
Accommodation?
Reasonable accommodation is any change or adjustment
to a job or work environment that permits a
qualified applicant or employee with a disability
to participate in the job application process,
to perform the essential functions of a job,
or to enjoy benefits and privileges of employment
equal to those enjoyed by employees without
disabilities.
What is an Undue Hardship?
An employer is required to provide a reasonable
accommodation to a qualified applicant or employee
with a disability unless the employer can show
that the accommodation would be an undue hardship
- this is that it would require significant
difficulty or expense.
How do I become
certified as a MBE/WBE?
You may obtain certification through:
NJ Department of Transportation – (609) 530-3882
NJ Department of Treasury - (609) 292-2146
NJ Transit – (973) 491-8065
Port Authority of New York/New Jersey – (212) 435-7808
Where can I obtain
a Vendor Listing of certified Minority and Women
Business Sub-Contractors?
A vendor listing may be obtained from:
Rohini C. Gandhi, Esq., Director
428 E. State Street, 1st floor
Mail Code 428-01
P.O. Box 420
Trenton, NJ 08625
How can I solicit
for MBE/WBE participation?
Newspaper Ads
Telephone Quote Solicitation
Certified Letters
Contact the office for technical assistance
What is a Monthly
Progress Report?
A Monthly Progress Report is a report submitted
by the contractor to the Project Compliance
Officer indicating SED solicitation and participation
activity during the month.
What is a Quarterly
Reporting Form?
A Quarterly Reporting Form notes the activity
and progress of a project over a three-month
period.
Does a Prime Contractor
who may also be a minority or women-owned firm
fulfill the SED Goal Requirements?
Yes - Any business whose management and daily
business operations are controlled by one or
more minorities or women who own it and which
is at least 51% owned by one or more minorities
or women. These types of businesses are eligible
to participate in this program.
What is a Contractor's SED Utilization
Plan?
A written document outlining the entire project
work, the estimated length of time it will take
to complete the project and each segment of
the project on which SED's will or may participate,
and a description of how SED's will be contacted.
This project is
due to start in the middle of a month, would a
Monthly Progress Report need to be issued for
the month?
Yes - This will show that there has been activity
for part of the month.
What is a Contractor's
Procurement Activity Sheet?
Project Sponsor documenting the Total Dollar
Amount paid to the Contractor (or submitted
by the contractor for payment) for the quarterly
reporting period.
What are the proper
documents to submit with a Quarterly Reporting
Form?
MBE/WBE Certifications
Purchase Orders
Invoices & Signed Sub-agreements
To whom do I address
all correspondence?
Rohini C. Gandhi, Esq., Director
428 E. State Street, 1st floor
Mail Code 428-01
P.O. Box 420
Trenton, NJ 08625
Who has the authority
to issue a STOP Payment of Funds?
The Department or (in the case of a Trust loan
recipient) the Department and the New Jersey
Environmental Infrastructure Trust.
What is the SED
Goal Requirement?
A goal of not less than 10% be established
for the award of contracts to small business
concerns owned and controlled by one or more
socially and economically disadvantaged individuals.
What does SED mean?
Socially and economically disadvantaged business concerns are businesses that have received certification as minority or women-owned businesses
What is the responsibility
of a Project Compliance Officer?
The Project Compliance Officer shall be responsible
for coordinating SED utilization efforts on
the project and for monitoring and enforcing compliance
with SED requirements.
As a project sponsor
or a contractor, why must I comply with these
SED requirements?
To implement the policies established in N.J.S.A.
58:11B-26, 40:11A-41 et seq., and 52:32-17 et.
seq., this subchapter (N.J.A.C. 7:22-9) applies
to environmental infrastructure projects receiving
financial assistance from the Department and
the Trust pursuant to N.J.A.C. 7:22-3, 4 and
6 and 7:22A-6 and 7. Under the provisions of
N.J.A.C. 7:22-3, 4 and 6 and 7:22a-6 and 7,
the Department and the Trust require recipients
of Trust and Fund loans and other assistance
to establish such programs for socially and
economically disadvantaged small business concerns,
to designate a project compliance officer, and
to submit to the Department and Trust procurement
plans for implementing the SED program. In other
words, IT'S THE LAW.
Will a project
or contract be penalized if the SED goal is not
achieved?
A project or contract will not be penalized
for not achieving the SED goal, however, a project
or contract will be penalized in the event the
contractor and/or project compliance officer
fails to document efforts to solicit and utilize
SEDs.
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