Since the George Floyd marches, the many hoped for changes for racial pay equity and other equities have not come to pass. Black New Jersey employees who are deprived of pay equity because of their race have recourse under the New Jersey Law Against Discrimination. Currently, the New Jersey Law Against Discrimination as amended by the Diane B. Allen Equal Pay Act, is the strongest civil rights, equal pay law in the US. This NJ law is the most aggressive equal pay law in the country and victims of a race wage disparity should avail themselves of the law’s protection. It protects Black workers, women, and other minorities from pay disparity even when their job title differs from others in non-protected classes who do the same or substantially similar work.
It heavily penalizes employers whose workers who can prove their lesser financial remuneration for doing substantially the same kind of work was illegally based on their being a member of a protected class. You could be entitled to treble damages under the Diane B. Allen Equal Pay Act if the employer has no legal defenses.
The Black/White wage gap holds for all major occupational groups including executives and managers.
The Black/White earnings disparity holds for all major occupational groups including executives and managers according to government statistics. For example, median usual weekly earnings of Black men working full time in management, professional, and related occupations (the highest paying major occupational group), was only 67% of the earning of White men in the same occupational group.
Don’t Sit on Your Rights!
If you are a NJ executive, manager or other employee who is paid less that your co-workers for doing substantially the same job and you believe the disparity is because of your race, color, ethnicity, sex or age, etc., you should contact this office today for a free consultation. I am an aggressive and compassionate employment law attorney who is experienced in successfully representing employees who suffered illegal discrimination in wages. If you find yourself in a situation with inadequate job security because of the aforementioned issues, if you are thinking of resigning, or have been fired or think you will be fired, it is important that you consult with an attorney who is experienced in discrimination.
Since the 1960's Civil Rights Movement, wage disparities based on race have persisted into the present, although some gains toward equitable wages have been made. Subsequent to the 1960's Civil Rights Movement, after some minority gains, wage disparity increased. Since then, the Black to white employee disparity in wages has only gradually increased. In the United States, the median national Black-White wage gap is 21%.
There has been movement forward and backward for equity for Black workers since the Period of Reconstruction from 1865 to 1877 which followed the Civil War.
During the Reconstruction Period, Black men were allowed to seek their own employment, purchase their own land inside or outside city limits, and vote. Many Southern whites opposed the progress being made by Black Americans and they reacted with both harsh political discriminatory legislation and physical violence toward Black Americans. This backlash culminated in a century long apartheid that was as equal in its severity toward Blacks as was the apartheid in South Africa at it worst. This backlash culminated in the passage of numerous cruel and severe apartheid laws that were upheld by the U.S. Supreme Court. These apartheid laws were euphemistically referred to as “Jim Crow”. This history of century-long severe apartheid is being eliminated from many history books used in schools throughout the US.
Black Americans lead a hard fought and painful leading role in motivating for passage of the 1960's Civil Rights legislation designed to reverse the extreme harm that apartheid inflicted on the Black community.
Now in 2024, the New Jersey Law Against Discrimination (“NJLAD”), as amended by Diane B. Allen Equal Pay Act, penalizes employers whose workers who can prove that an employee wage disparity for doing substantially the same kind of work was illegally based on their race or other legally protected characteristic.
If you quit your job, you may lose right to prevail in a lawsuit.
In some instances of discrimination, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of resigning, or think you will be fired (or have already been terminated, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and in every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.