N.J. Admin. Code § 13:69K-1.2

Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:69K-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Affectional or sexual orientation" is defined in N.J.S.A. 10:5-5.

"Atypical hereditary cellular or blood trait" is defined in N.J.S.A. 10:5-5.

"Change in ownership or management" means any change in the ownership or management of a casino licensee or casino license applicant, which could enable an involuntary change in the existing policy of the casino licensee or casino license applicant to occur, and shall include, without limitation, the sale of a controlling interest in the casino licensee or casino license applicant or a holding company thereof, or the replacement of the chief executive officer of the casino licensee or casino license applicant. Such terms and words apply equally to casino service industry enterprise licensees and casino service industry enterprise license applicants.

"Construction" or "renovation" or "reconstruction" means any construction, renovation, reconstruction, rehabilitation, alteration, conversion, extension, demolition, repair or other changes or improvements of any kind whatsoever of any structure or facility to be used as an approved hotel, casino, casino simulcasting facility or related facility. These terms also include the maintenance, supervision, inspection, and other on-site functions incidental to the actual construction.

"Contract" means any written or unwritten agreement between two or more persons.

"Contractor" means any party performing or offering to perform pursuant to a contract.

"Disability" means a physical or mental impairment which is included in the definition of "handicapped" contained in the Law Against Discrimination, N.J.S.A. 10:5-5, or in the definition of "disability" contained in the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and attendant regulations.

"Equal business opportunity" means the opportunity of any person to buy from, sell to, lease from or to, license, contract with, trade with, provide goods, services, or information to, or do business with, any other person free from harassment, including sexual harassment, and without regard to the race, creed, color, national origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, marital status, civil union status, domestic partnership status, atypical hereditary cellular or blood trait, liability for service in the armed forces of the United States, disability (where reasonable accommodation may be made to allow for such disability without causing an undue hardship on the person doing business), nationality, or rehabilitated offender status of such person or such person's partners, members, stockholders, directors, officers, managers, agents, employees, business associates, or suppliers.

"Equal Employment and Business Opportunity Plan (EEBOP)" is defined in N.J.A.C. 13:69K-6.

"Equal employment opportunity" means the opportunity of any person to apply for, obtain, and retain employment, transfer, promotion, pay raises, benefits, and training free from harassment, including sexual harassment, and without regard to the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability (where reasonable accommodation may be made to allow for such disability without causing an undue hardship on the employer), atypical hereditary cellular or blood trait, liability for service in the armed forces of the United States, the nationality of any individual, because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer, or rehabilitated offender status of such person's partners, members, stockholders, directors, officers, managers, or employees.

"Equal opportunity officer" means a person appointed pursuant to the provisions of N.J.S.A. 5:12-135f and N.J.A.C. 13:69K-1.4 or 3.1, to assure compliance with this chapter and any Federal or State laws regarding equal employment and business opportunity including, but not limited to, the prohibitions against discrimination and harassment under the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.

"Liability for service in the armed forces of the United States" is defined in N.J.S.A. 10:5-5.

"Operations work force" means all employees of a casino licensee or casino license applicant who work in, or in support of, the casino hotel, casino, casino simulcasting facility, or a related facility.

"Plan Prohibiting Harassment and Discrimination (PPHD)" means as defined at N.J.A.C. 13:69K-5.

"Rehabilitated offender" means any person who has been convicted of, or has committed, a disqualifying offense pursuant to N.J.S.A. 5:12-86 and who has been found rehabilitated from such offense pursuant to the provisions of N.J.S.A. 5:12-91d.

"Sexual harassment" is a type of sex discrimination prohibited by the Law Against Discrimination, N.J.S.A. 10:5-1 et seq., and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting that individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

"Subcontract" means a binding legal relationship involving performance by a subcontractor of all or part of a contract or subcontract.

"Subcontractor" means any party engaged by a contractor or subcontractor to perform, under a subcontract, all or part of the work included in a contract or subcontract.

N.J. Admin. Code § 13:69K-1.2

Amended by 53 N.J.R. 366(b), effective 3/1/2021