N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-34
Affirmative action program, submission to State Treasurer; fee; approval
Operative Text
4. Each prospective bidder on a public works contract or contracts and each subcontract bidder to a prime contract bidder shall formulate and submit to the State Treasurer his or its affirmative action program of equal opportunity whereby he or it guarantees minorities employment in all employment categories; the submission shall be accompanied by a fee in an amount to be fixed by the State Treasurer. For the purposes of this section, equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation and gender identity or expression. The State Treasurer shall notify the bidder of approval or disapproval of his or its program within 60 days of its submission; failure of the State Treasurer to so act within 60 days shall constitute approval of the program. Any existing federally approved or sanctioned affirmative action program shall be approved by the State Treasurer. No subcontract bidder who has less than five employees need comply with the provisions of this section. L.1975,c.127,s.4; amended 1991, c.519, s.14; 2006, c.100, s.15.
Under N.J.S.A. 10:5-1 et seq. § 10:5-34, any prospective bidder on a New Jersey public works contract — and any subcontractor bidding to a prime contractor — must prepare and submit a formal affirmative action program to the State Treasurer, along with a required fee. The program must commit to equal opportunity and minority employment across all job categories. The State Treasurer has 60 days to approve or reject the submission; silence after that window counts as approval, and any federally approved program is automatically accepted. Subcontract bidders with fewer than five employees are exempt from these requirements.
Plain English — not legal advice.
N.J.S.A. 10:5-1 et seq. § 10:5-34 is primarily directed at contractors and subcontractors on public works projects rather than residential landlords, but property owners who pursue public works contracts or engage subcontractors in that context are subject to its requirements. A compliant operator in that role typically prepares a written affirmative action program guaranteeing minority employment across all job categories, pays the fee set by the State Treasurer, and submits both before bidding. Operators with existing federally approved affirmative action programs generally present those for automatic State Treasurer approval rather than drafting a new one.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 10:5-1 et seq. § 10:5-34 is not a residential tenancy provision; it governs affirmative action obligations for bidders on public works contracts in New Jersey. Tenants or workers who believe a contractor or subcontractor has failed to comply with equal employment opportunity requirements under this section may contact the New Jersey State Treasurer's office or consult a civil rights or employment-rights organization for information about available complaint processes. Because this provision falls under New Jersey's Law Against Discrimination framework, tenant-rights organizations familiar with civil rights law may be able to point toward appropriate enforcement channels.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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