race, creed, color, or national origin. It does not restrict an employer's right to fix the qualifications necessary for satisfactory job performance. It merely requires that the same standards of qualification be applied equally to all persons. The law covers every avenue to employment, i. e., employers, employment agencies, and labor unions. It also applies to fellow employees, publications carrying help wanted and positions wanted advertising, and circulating media. Inquiries which directly or indirectly disclose a person's race, creed, color, or national origin are designated as unlawful employment practices, when such inquiries are made prior to employment. No restriction is placed on inquiries made after employment, provided the information obtained is not used for purposes of discrimination. The commission is aware that the prohibited inquiries are frequently made without any intent to discriminate and that these inquiries are often necessary to enable an employer to check on an applicant's honesty, character, etc. Infor. mation for these purposes, however, can generally be obtained through channels which do not reveal a person's race, creed, color, or national origin. Thus, proof of age may be established through certificates of age and work permits which are issued by the department of health and board of education. Character may be determined by investigating prior places of employment and education. Other data may be secured subsequent to employment. Inquiries which may not be made prior to employment are generally of four types: (1) Direct inquiries into race, creed, color, or national origin; (2) inquiries which have no relation to job performance yet frequently elicit information as to race, creed, color, or national origin, e. g., "Have you ever changed your name, and if so, what was your name before you changed it?" (3) requirements for the production of documents which contain information as to race, creed, color, or national origin even though said documents are required for other purposes, e. g., birth certificates, baptismal certificates, naturalization papers, etc.; (4) specifications which are likely to exclude members of a particular race, creed, color, or national origin, e. g., "The following holidays will be observed and no others (naming holidays)." The law recognizes certain bona fide occupational qualifications. As a general rule, however, and subject to the particular facts in specific cases, the race, creed, color, or national origin of an employee or applicant for employment will not be deemed a bona fide occupational qualification unless these attributes are material to job performance. Traditional practices, or the preference of customers, employers, and employees to deal or work with persons of a particular race, creed, color, or national origin, or the maintenance of a business atmosphere identified with a particular race, creed, color, or national origin will not, as a general rule, be deemed material to the existence of a bona fide occupational qualification. The following rulings are interpretive of the law. The publication or circulation (except in domestic service) of any help wanted or positions wanted advertisement which violates these rulings will be deemed an unlawful employment practice. Where it is claimed that compliance with these rulings will impose undue hardship, or contravene the provisions of other statutes, the commission will review its rulings on presentation of satisfactory proof. Unlawful employment practices before hiring Inquiry into the religious denomination of an applicant for employment; his religious affiliations, his church, parish, pastor, or religious holidays observed. Inquiry into whether an applicant for employment is an atheist. An applicant for employment may not be told: "This is a (Catholic, Protestant, or Jewish) organization." An applicant for employment may not be told: "The following holidays will be observed by this firm and no others (naming holidays, e. g., Decoration Day, July Fourth, etc."). An applicant for employment may not be told: "Employees are required to work Rosh Hashana and Yom Kippur." Inquiry into the complexion of an applicant for employment. Requirement that an applicant for employment annex a photograph. Inquiry whether an applicant for employment is a naturalized or nativeborn citizen; the date when the applicant acquired citizenship; whether the applicant's parents or spouse are naturalized or native-born citizens of the United States; the date when such parents or spouse acquired citizenship. Requirement that an applicant for employment produce his naturalization papers or first papers. Inquiry into the lineage of an applicant for employment, his ancestry or national origin. Inquiry into the location (general) of places of business of relatives of an applicant for employment. Inquiry into the place of residence of the parents, spouse or other close relatives of an applicant for employ ment. Inquiry into the maiden name of the wife of a male applicant for employment and/or inquiry into the maiden name of the mother of a male or female applicant for employment. Inquiry into the general military experience of an applicant for employment. Inquiry into the whereabouts of an applicant for employment during the First World War, i. e., during the period from 1914 to 1919. Inquiry into the organizations of which an applicant for employment is a member, including organizations the name or character of which indicates the religion, race, or national origin of its members. STATE COMMISSION AGAINST DISCRIMINATION. 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 fre quented 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, V8. 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 filing 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. |