N.J. Admin. Code § 13:13-2.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:13-2.6 - Wages and fringe benefits

(a) An employer's wage scale must be unrelated to the disability of its employees, except where permitted by State or Federal law.

(b) Occupational training and retraining programs, including, but not limited to, guidance programs, apprentice training programs and executive training programs, shall not be conducted in such a manner as to discourage or otherwise discriminate against people with disabilities.

(c) It is an unlawful practice for any employer to discriminate against people with disabilities, with regard to fringe benefits provided either directly by an employer or through contracts with insurance carriers. Fringe benefits as used in this section include, but are not limited to, medical, hospital, accident and life insurance, retirement benefits, profit sharing and bonus plans and leave. This subsection does not, for example, prohibit any employer from providing medical insurance, which limits coverage for certain procedures or treatments, unless these activities are being used as a subterfuge to evade the purposes of this subchapter. Rather, whatever medical insurance is made available to non-disabled employees must be equally available to employees with disabilities.

(d) Regulations promulgated pursuant to the Law Against Discrimination shall supersede any inconsistent term of a collective bargaining agreement.

N.J. Admin. Code § 13:13-2.6

Amended by R.2000 d.273, effective 7/3/2000.
See: 32 N.J.R. 1155(a), 32 N.J.R. 2445(a).
In (a), substituted "disability of its employees" for "existence of handicap"; in (b), substituted "people with disabilities" for "persons possessing handicaps"; and in (c), substituted "against people with disabilities" for "between persons who are handicapped and those who are not", substituted a reference to non-disabled employees for a reference to non-handicapped employees, and substituted a reference to employees with disabilities for a reference to handicapped employees.
Amended by R.2012 d.039, effective 2/21/2012.
See: 43 N.J.R. 149(a), 44 N.J.R. 505(a).
Rewrote (c).