STATE COMMISSION AGAINST DISCRIMINATION GENERAL REGULATION Regulation promulgated by the State commission against discrimination pursuant to section 130, subdivision 5 and section 132 of article 12 of the executive law filed with the secretary of state November 1, 1946. 1. Posting of notices a. Every employer, employment agency, and labor organization, subject to the law against discrimination, shall post and maintain at their establishments, notices furnished by the State commission against discrimination, indicating the substantive provisions of the law against discrimination, where complaints may be filed and such other information as the State commission against discrimination deems pertinent. b. With respect to employers and employment agencies, such notices must be posted conspicuously in easily accessible and well-lighted places customarily frequented by employees and applicants for employment and at or near each location where the employees' services are performed. c. With respect to labor organizations, such notices must be posted conspicuously in easily accessible and well-lighted places customarily frequented by members and applicants for membership. STATE OF NEW JERSEY, DEPARTMENT OF EDUCATION, DIVISION AGAINST DISCRIMINATION RULES OF PRACTICE Established Pursuant to Section 17, Chapter 169, Public Law 1945, and Effective as of September 17, 1945 John H. Bosshart, Commissioner Dated September 17, 1945. RULES OF PRACTICE 1. As used in these rules, unless a different meaning clearly appears from the context, "Commissioner" shall mean the Assistant Commissioner of Education assigned to the Division against Discrimination, since under section 8A of the statute (Chapter 169, P. L. 1945) such Assistant Commissioner shall act for the Commissioner, in his place and with his power. 2. Any complaint made pursuant to the statute shall be filed at the office of the Division against Discrimination, 1060 Broad Street, Newark, New Jersey. Two copies of the complaint shall accompany the original. 3. The complaint shall be typed, and shall be entitled according to the following specimen : State of New Jersey, Department of Education, Division against Discrimination John DoE, COMPLAINANT, vs. RICHARD ROE, RESPONDENT. COMPLAINT 4. The complaint shall state the name and residence of the complainant, as well as the name and address of the respondent (person, employer, labor organization or employment agency alleged to have committed the unlawful employment practice complained of); shall set forth the date and other particulars of the alleged act of discrimination, specifying the subsection of section eleven of the "Law Against Discrimination" (Chapter 169, P. L. 1945) on which the complaint is based; and shall contain a declaration that the complainant has not instituted any other action based on the grievance alleged in the complaint. 5. The complaint, whether signed by the complainant or his attorney-at-law, shall be verified by the complainant. The vertification shall be in the form of a short affidavit in which the complainant deposes that he has read or has had read to him, as the case may be, the complaint to which the affidavit is annexed, and that the statements therein made and the particulars therein set forth are true. 6. The facilities of the office of the Division shall be available, during office hours, to any person claiming to be aggrieved by an alleged unlawful employment practice, to the end that such person may be given advice and assistance relative to the filling of a complaint. 7. After the filing of the complaint, the Commissioner shall cause prompt investigation to be made in connection therewith. If, after such investigation, the Commissioner shall determine that probable cause does not exist for crediting the allegations of the complaint, he shall by letter notify the complainant or his attorney, as the case may be, to that effect. If, however, the Commissioner shall determine that, probable cause exists for crediting the allegations of the complaint, he shall endeavor to eliminate the unlawful employment practice complained of by conference, conciliation and persuasion. 8. Issuance and service of a notice of hearing, together with a copy of the complaint, upon the respondent, pursuant to section 14 of the statute, shall be deemed to establish the failure to eliminate by conference, conciliation and persuasion the unlawful employment practice complained of or the judgment of the Commissioner that circumstances warranted the issuance and service thereof. Such notice shall include a statement apprising the respondent that under the terms of the statute the respondent may file a written verified answer to the complaint but that the same is not necessary, and that, whether an answer is filed or not, the respondent may appear at the hearing in person or representative, with or without counsel, and submit testimony. 9. If the respondent elects to file an answer as permitted by the statute, he shall do so at least ten days before the day set for the hearing. The answer shall be typed, shall be entitled in the cause, and shall be filed at the office of the Division against Discrimination, 1060 Broad Street, Newark, New Jersey. Two copies of the answer shall accompany the original. 10. In the discretion of the Commissioner, the complainant may be allowed to intervene and present testimony in person or by counsel. If the complainant is allowed to intervene, the Commissioner shall enter an order to that effect. The application to intervene shall be typed and shall state the reasons therefor and whether the complainant will appear in person or by counsel. Such application shall be filed at the office of the Division against Discrimination at least five days before the day set for the hearing. Two copies of such application shall accompany the original. 11. Subpoenas and subpoenas duces tecum for the attendance of witnesses and for the production of books, records, documents and other papers at the hearing may be obtained by the parties upon request to the Commissioner. 12. Notices, subpoenas, orders and all other papers relating to any hearing, and all papers relating to any matter under investigation or inquiry, shall bear the name of the Commissioner and shall be countersigned by the Assistant Commissioner. 13. The Commissioner may, upon his own motion, or upon motion made in behalf of the complainant or respondent, adjourn any hearing from time to time. 14. In the event of failure of the complainant to appear personally at the time and place designated for the hearing, or at the time and place to which the hearing may be adjourned, the Commissioner may, in his discretion, dismiss the complaint. 15. In the event of failure of the respondent to appear at the time and place designated for the hearing, or at the time and place to which the hearing may be adjourned, the Commissioner may, in his discretion, permit the hearing to proceed ex parte, and he shall make his findings upon the evidence so presented. 16. All hearings shall be held at the office of the Division against Discrimination, 1060 Broad Street, Newark, New Jersey, unless otherwise designated. 17. The rules herein contained shall be considered as general rules of practice to govern, expedite and effectuate the procedure before, and the actions of, the Commissioner in connection with complaints filed pursuant to the statute; and, except as to such parts thereof as are statutory provisions, they may be relaxed or dispensed with by the Commissioner, in his discretion, in any case where a strict adherence thereto may result in injustice. A PRIMER FOR THE PUBLIC ON THE NEW JERSEY "LAW AGAINST DISCRIMINATION" (P. L. 1945, ch. 169) "The Legislature finds and declares that practices of discrimination against any of its inhabitants, because of race, creed, color, national origin or ancestry, are a matter of concern to the government of the State, and that such discrimination threatens not only the rights and proper privileges of the inhabitants of the State but menaces the institutions and foundation of a free democratic State" (Sec. 3, New Jersey Law Against Discrimination). The law The New Jersey "Law against discrimination" (sometimes called the fair employment practices law) was signed by Governor Edge and became effective on April 16, 1945, and is contained in Chapter 169 of the Laws of 1945. The object of the law To eliminate discrimination, because of race, creed, color, national origin or ancestry, in employment and in other fields of human relationships-in employment, by enforceable remedy; in other instances by the fostering of good will through community effort. Employment practices forbidden by the law It is unlawful for an employer: 1. To discriminate in hiring, upgrading or discharging employees because of race, creed, color, national origin or ancestry. 2. To discriminate in compensation, terms, conditions or privileges of employment, because of race, creed, color, national origin or ancestry. 3. To ask questions before employment which, directly or indirectly, disclose race, creed, color, national origin or ancestry. 4. To print or circulate any statement or advertisement which, directly or indirectly, expresses discrimination because of race, creed, color, national origin or ancestry. 5. To discriminate against any person because he has filed a complaint, testified, or otherwise opposed any act forbidden by the law against discrimination. For a labor union: 1. To discriminate in any way against members or applicants for membership because of race, creed, color, national origin or ancestry. 2. To discriminate against employers or employees because of race, creed, color, national origin or ancestry. For an employment agency: 1. To discriminate because of race, creed, color, national origin or ancestry, in registering or referring applicants for employment. 2. To ask questions before employment which, directly or indirectly, disclose race, creed, color, national origin or ancestry. 9. To make disclosure to employers of the race, creed, color, national origin or ancestry of applicants for employment. 4. To print or circulate any statement or advertisement which, directly or indirectly, expresses discrimination because of race, creed, color, national origin or ancestry. 5. To discriminate against any person because he has filed a complaint, testified or otherwise opposed any act forbidden by the law against discrimination. For employees: To offer resistance to the employment of any individual because of his race, creed, color, national origin or ancestry. For anyone to aid, incite, compel or attempt to aid, incite or compel the doing of any act forbidden by the law against discrimination. The State agency that administers the law The administration of the law is under the Division Against Discrimination of the State Department of Education, whose offices are at 1060 Broad Street, Newark 2, N. J. Enforcement of the law Complaints charging unlawful employment practices must be verified by affidavit. When received by the Division Against Discrimination, such complaints are screened and investigated. Every effort is made to settle all complaints by conference, conciliation and persuasion, as the law directs. If this procedure fails, a hearing is held and, if the evidence warrants, an order is made to carry out the law. The penalty specified in the law Willful interference with the division in the performance of its duty under the law, or willful violation of an order of the Commissioner, constitutes a misdemeanor, and is punishable by imprisonment for not more than 1 year or by fine of not more than $500, or by both. For information and assistance Apply to the Division Against Discrimination, 1060 Broad Street, Newark 2, N. J., telephone: Mitchell 2-7962. NOTE. This primer is issued as a generally informative, and not as a legalistic, summary of the New Jersey "Law against discrimination." For exact provisions of the law, see Public Law 1945, chapter 169. "Wherever we erect barriers on the grounds of race and religion, or of occupational or professional status, we hamper the fullest expansion of our economic society. Intolerance is poor economy. Prejudice doesn't pay. Discrimination is destructive."-ERIC A. JOHNSTON, former President, United States Chamber of Commerce. DEDICATION "Somewhere in this plot of ground there may lie the man who could have discovered the cure for cancer. Under one of these Christian crosses, or beneath a Jewish Star of David, there may rest now a man who was destined to be a great prophet. * ** * ** * * "Here lie officers and men, Negroes and whites, rich men and poor. * * Here are Protestants, Catholics and Jews. Here no man prefers another because of his faith or despises him because of his color. Here there are no quotas of how many from each group are admitted or allowed. Theirs is the highest and purest democracy. * * * "Any man among us, the living who lifts his hand in hate against a brother, or thinks himself superior to those who happen to be in the minority, makes of this ceremony and of the bloody sacrifice it commemorates, an empty, hollow mockery *." FROM A CHAPLAIN at the dedication of a Division * * cemetery at Iwo Jima. The opportunity to obtain employment without discrimination because of race, creed, color, national origin or ancestry is recognized as and declared to be a civil right (Sec. 4, New Jersey Law against discrimination). New Jersey Council Against Discrimination: Dr. Robert C. Clothier, chairman; H. B. Bell; James Kerney, Jr.; Louis P. Marciante; Jacob Stern; Herbert H. Tate; J. Margaret Warner. Administrative officers: John H. Bosshart, Commissioner of Education; Joseph L. Bustard, Assistant Commissioner of Education. COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPARTMENT, FAIR EMPLOYMENT PRACTICE COMMISSION The fair employment practice law (ch. 368 of the acts of 1946) guarantees that no person shall be denied the right to work because of race, color, religious creed, national origin, or ancestry. This law, however, does not restrict an employer, a labor organization, or an employment agency from establishing bona fide occupational qualifications. The law does require that the same standards of qualification be applied equally to all persons. The following are not covered by the act: 1. An employer with fewer than six persons in his employ. 2. A club exclusively social, or a fraternal, charitable, educational, or religious association or corporation which is not organized for private profit. 3. An individual employed by his parents, spouse, or child or in the domestic service of any person. Definition The term "employer" includes the Commonwealth and all political subdivisions, boards, departments, and commissions thereof. It is an unlawful employment practice For an employer 1. To ask any questions before employment, answers to which directly or indirectly disclose the race, color, religious creed, national origin, or ancestry of the applicant. 2. To print or circulate any advertisement which directly or indirectly specifies any limitation because of race, color, religious creed, national origin, or ancestry of any prospective applicant for employment. 3. To discharge or refuse to hire any individual because of race, color, religious creed, national origin, or ancestry. 4. To act unfairly against any individual in matters relating to compensation, terms, conditions, or privileges of employment because of race, color, religious creed, national origin, or ancestry. For a labor organization— 1. To exclude from full membership rights or to expel from membership any individual because of race, color, religious creed, national origin, or ancestry. For an employment agency 1. To ask questions before employment, answers to which directly or indirectly disclose the race, color, religious creed,, national origin, or ancestry of any applicant for employment. 2. To make any statements to a prospective employer which disclose the race, color, religious creed, national origin, or ancestry of the prospective applicant for employment. 3. To print, circulate, advertise, or publish any statement which directly or indirectly expresses any limitation upon employment because of the race, color, religious creed, national origin, or ancestry of the prospective applicant. For employees 1. To offer resistance to the employment of any individual because of race, color, religious creed, national origin, or ancestry. For anyone 1. Whether a person, employer, labor organization, or employment agency: to discharge, refuse to employ, or expel any individual because he has opposed any practices forbidden by the fair employment practice law or has testified or assisted in any proceeding under that law. 2. Whether an employer or an employee or other person: to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under the fair employment practice law. Penalty Violation of any of the provisions of the fair employment practice law subjects the offender to both civil and criminal penalties. Complaints Complaints may be filed in person at, or mailed to the office of the Fair Employment Practice Commission, 41 Tremont Street, Boston, Mass. Section 7 of the fair employment practice law requires every employer, employment agency, and labor union subject to its provisions to post this notice or a notice otherwise approved by the Fair Employment Practice Commission in a conspicuous place or places on their premises. COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPARTMENT, FAIR EMPLOYMENT PRACTICE COMMISSION POLICIES 1 The fair employment practice law (ch. 368 of the acts of 1946) guarantees that no person shall be denied the right to work because of race, color, religious creed, national origin, or ancestry. This law, however, does not restrict an employer, a labor organization, or an employment agency from establishing |