New Jersey Statutes Title 10. Civil Rights 10 § 5-34

Each prospective bidder on a public works contract or contracts and each subcontract bidder to a prime contract bidder shall formulate and submit to the State Treasurer his or its affirmative action program of equal opportunity whereby he or it guarantees minorities employment in all employment categories;  the submission shall be accompanied by a fee in an amount to be fixed by the State Treasurer.  For the purposes of this section, equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation and gender identity or expression.  The State Treasurer shall notify the bidder of approval or disapproval of his or its program within 60 days of its submission;  failure of the State Treasurer to so act within 60 days shall constitute approval of the program.  Any existing federally approved or sanctioned affirmative action program shall be approved by the State Treasurer.

No subcontract bidder who has less than five employees need comply with the provisions of this section.