New Jersey Law Imposes Equal Opportunity and Affirmative Action Requirements on Certain Entities Doing Business with the State


Just days before leaving office, New Jersey Governor Jon Corzine signed over 50 bills into law, including one (A4323) that imposes equal employment opportunity and affirmative action requirements on certain entities contracting with the State. Specifically, the new law requires all construction contracts entered into with and funded, even partially, by the State to include language that requires contractors to make a “good faith effort” to recruit and employ minorities and women. If a contractor fails to demonstrate that a good faith effort was made, payment may be withheld and assessments may be imposed. Furthermore, with limited exceptions, entities that contract with an Executive Branch agency that receives federal funds pursuant to the American Recovery and Reinvestment Act of 2009 will be required to post all job openings created pursuant to the contract on the State’s Job Bank at least 14 days before hiring. 

The above news brief is an overview only, and should not be considered legal advice, which is dependent upon specific facts and circumstances. For more information, please contact Timothy F. Hegarty at 973-364-9900, or Jenifer Minsky at 973-364-9900,

Download PDF

Jump to Page