ASSEMBLY, No. 2748

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 27, 1997

By Assemblyman O'TOOLE

An Act concerning affirmative action programs and supplementing Title 10 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Notwithstanding the provisions of any other law to the contrary, any public or private entity which, on the effective date of this act, is required or authorized by law to grant a preference in the awarding of any benefit, including but not limited to, hiring, promotion, admission to an education program, or the awarding of a contract, on the basis of race, ethnicity, national origin or gender shall cease to provide that preference and shall instead grant that preference to persons who for a continuous period of at least six months during the three years preceding awarding of the benefit were economically disadvantaged, as defined in 29 U.S.C. § 1503.

    Nothing contained in this act shall be construed as allowing discrimination against any person on the basis of race, ethnicity, national origin or gender.

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that any public or private entity which is required or authorized by existing law to grant a preference in the awarding of any benefit, including but not limited to hiring, promotion, admission to an education program, or the awarding of a contract, on the basis of race, ethnicity, national origin or gender shall cease to provide that preference and shall instead grant that preference to persons who for a continuous period of at least six months during the three years preceding awarding of the benefit were "economically disadvantaged," as defined in the federal Job Training Partnership Act. Under the federal law, "economically disadvantaged" individuals include recipients of welfare or food stamps, persons with incomes below the poverty line, persons who are homeless, certain persons in foster care and low-income persons with disabilities. The bill's purpose is to replace a policy which is inherently discriminatory with one which directs assistance to individuals having the greatest economic need. It would not allow discrimination against any person because of race, ethnicity, national origin or gender.

Replaces preference based upon race, ethnicity, national origin or gender in affirmative action programs with preference for persons who are economically disadvantaged.