A3647

An Act concerning required trainings for public employees and supplementing chapter 6 of Title 11A of the Revised Statutes.

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

1. a. A public employer shall not require an employee to complete a training program that encourages participants to place blame or pass judgment on individuals on the basis of their race, ethnicity, or sex. The provisions of this subsection shall not be interpreted to preclude a public employer from requiring an employee to complete a training program on sexual harassment.

b. A public employer shall not expend funds to create an employee training program that encourages participants to place blame or pass judgment on individuals on the basis of their race, ethnicity, or sex. The provisions of this subsection shall not be interpreted to preclude a public employer from expending funds to create a training program on sexual harassment.

c. The State Treasurer shall submit a report by December 31 of each year to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), regarding the number of public employers that are in compliance with the provisions of this section.

d. As used in this section:

“Place blame or pass judgment on individuals on the basis of their race, ethnicity, or sex” means any of the following concepts:

(1) one race, ethnic group, or sex is inherently morally or intellectually superior to another race, ethnic group, or sex;

(2) an individual, by virtue of the individual’s race, ethnicity, or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) an individual should be invidiously discriminated against or receive adverse treatment solely or partly because of the individual’s race, ethnicity, or sex;

(4) an individual’s moral character is determined by the individual’s race, ethnicity, or sex;

(5) an individual, by virtue of the individual’s race, ethnicity, or sex, bears responsibility for the actions committed by other members of the same race, ethnicity, or sex;

(6) an individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of the individual’s race, ethnicity, or sex; and

(7) meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race, ethnic group, or sex to oppress members of another race, ethnic group, or sex.

“Public employer” means the State of New Jersey and any county, municipality, board of education, or other political subdivision thereof, and any agency, authority, or instrumentality of the foregoing.

2. This act shall take effect immediately.

STATEMENT

This bill prohibits a public employer from requiring an employee to complete a training program that encourages participants to place blame or pass judgment on individuals on the basis of their race, ethnicity, or sex. This bill further prohibits a public employer from expending funds to create an employee training program that encourages participants to place blame or pass judgment on individuals on the basis of their race, ethnicity, or sex. Nothing in the bill would prohibit a public employer from requiring an employee to complete a training program on sexual harassment or from spending funds to create a training program on sexual harassment. For purposes of the bill, the term “place blame or pass judgment on individuals on the basis of their race, ethnicity, or sex” means any of the following concepts:

· one race, ethnic group, or sex is inherently morally or intellectually superior to another race, ethnic group, or sex;

· an individual, by virtue of the individual’s race, ethnicity, or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

· an individual should be invidiously discriminated against or receive adverse treatment solely or partly because of the individual’s race, ethnicity, or sex;

· an individual’s moral character is determined by the individual’s race, ethnicity, or sex;

· an individual, by virtue of the individual’s race, ethnicity, or sex, bears responsibility for the actions committed by other members of the same race, ethnicity, or sex;

· an individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of the individual’s race, ethnicity, or sex; and

· meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race, ethnic group, or sex to oppress members of another race, ethnic group, or sex.

A “public employer” is also defined under the bill to mean the State of New Jersey and any county, municipality, board of education, or other political subdivision as well as any agency, authority, or instrumentality under their jurisdiction.

The State Treasurer would be required to submit a report by December 31 of each year to the Governor and the Legislature regarding the number of public employers that are in compliance with the provisions of this bill.