S4242

An Act establishing an Office of Diversity, Equity, and Inclusion in each State department or agency and supplementing Title 52 of the Revised Statutes.

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

1. a. As used in this section:

(1) “Office” means the Office of Diversity, Equity, and Inclusion in each State department or agency;

(2) “Officer” means the Chief Diversity, Equity, and Inclusion Officer of each office; and

(3) “State department or agency” means any of the principal departments in the Executive Branch of the State Government, and any agency, division, board, bureau, office, commission, or other instrumentality within or created by such department, and any independent State authority, commission, or instrumentality thereof.

b. There shall be established in each State department or agency an Office of Diversity, Equity, and Inclusion.

c. The head of each department or agency in this State, or the Governor in the case of any independent State authorities, commissions, or instrumentalities thereof, shall appoint a Chief Diversity, Equity, and Inclusion Officer, who shall serve as the administrator and head of the office. The officer shall serve at the pleasure of the appointing authority. The officer shall be a person qualified by training and experience to perform the duties of the office and shall devote their entire time to the performance of those duties. The officer shall administer the work of the office under the direction of the head of the State department or agency, or the Governor, as appropriate, and shall perform such other functions as the appointing authority may prescribe.

d. A person’s lived experience or work with diversity, equity, and inclusion shall be considered when hiring decisions are made for staff of the office, as permitted by law.

e. The office shall serve as a centralized location for expertise and data on diversity, equity, and inclusion and shall engage in programs, initiatives, and policies to support cross-cultural education and employee engagement. The office shall analyze and report on data relevant to diversity, equity, and inclusion, and identify and advise on improvements to operational processes and systems within the State department or agency to align with diversity, equity, and inclusion best practices with the goal of facilitating a more diverse, equitable, and inclusive workplace. The office shall develop and deliver diversity, equity, and inclusion training tailored to the State department or agency’s functions and requirements. In addition to the core functions defined in this section, the duties of the office may expand in response to emerging needs and crises that impact such communities, as determined by the head of each State department or agency. The officer shall staff the office to effectively meet the goals and intentions of P.L. , c. (C. ) (pending before the Legislature as this bill).

f. The office shall use its data to inform the State’s efforts only as authorized under State and federal law to advance equity and inclusion for the diverse communities in this State. The office shall not use or share data for the use of civil immigration enforcement.

g. The officer shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement P.L. , c. (C. ) (pending before the Legislature as this bill).

h. Nothing in this act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall be construed in any way to create any substantive right that may be enforced by any third party.

2. This act shall take effect immediately.

STATEMENT

This bill establishes an Office of Diversity, Equity, and Inclusion in each State department or agency.

The head of each State department or agency, or the Governor, as appropriate, will appoint a Chief Diversity, Equity, and Inclusion Officer, and the officer will be the administrator and head of the office.

The bill requires the office to serve as a centralized location for expertise and data on diversity, equity, and inclusion and to engage in programs, initiatives, and policies to support cross-cultural education and employee engagement. The office will analyze and report on data relevant to diversity, equity, and inclusion, and identify and advise on improvements to operational processes and systems within the State department or agency to align with diversity, equity, and inclusion best practices with the goal of facilitating a more diverse, equitable, and inclusive workplace. The office will also develop and deliver diversity, equity, and inclusion training tailored to the State department or agency’s functions and requirements.

The bill also requires the office to use its data for informing the State’s efforts only as authorized under State and federal law to advance equity and inclusion for the diverse communities in this State. The office will not use or share data for the use of civil immigration enforcement.