If you are a New Jersey employee whose employer is paying you less wages for doing substantially the same kind of work as other employees who are not in the same protected class as are you according to civil rights law, such as your sex/gender or other protected class such as race, age, disability, sexual orientation etc., and the disparity in pay is based upon your being a female or other protected class, you could be entitled to treble damages under the Diane B. Allen Equal Pay Act when the employer has no legal defenses.
This male/female wage pay gap happens across all economic strata but is common in higher-end positions, where the expertise of female professionals does not translate into their being valued as much as men doing substantially similar work.
What if the higher-paid male employee is performing substantially the same kind of work as I am, but the employer assigned me a different job title than him?
The assignment of a different job title or naming of an employment position does not legally insulate the employer from monetary liability for discriminatory wage practices.
Expanding Wage Discrimination Protections: Understanding New Jersey's Comprehensive Approach
This law dramatically expands the wage discrimination protections given to NJ employees, and additionally takes into context the character and skill of the job as a whole. There are no longer only protections for those holding the same job title or position; this law is not just a prohibition against disparate pay for the same work, but also for substantially similar work when viewed as a composite.
Sneaky and unsavory employers will sometimes attempt to circumvent this law by calling the employment position by a different name or assigning different job titles to different persons who are doing substantially the same job with same responsibilities. Merely assigning different job titles does not insulate the sneaky employer from incurring legal liability for payment of illegal discriminatory wages.
This prohibition against disparity in pay based on being a member of a protected class also applies to those who are assigned different job titles, when their job title differs from those in non-protected classes who do substantially similar work.
Protecting Your Rights: Fighting Against Discriminatory Wage Practices
If you are an employee who is experiencing discrimination, don’t sit on your rights. If you think you are being discriminated against, you should contact this office today for a free consultation. I have represented numerous private and public employees and was successful in obtaining moneys for lost wages, both for past lost wages and projected future lost wages, and in recovering financial compensation for their emotional pain and suffering as a result of the employer’s discriminatory practices.
There is strict prohibition against an illegal male/female wage gap even when their job titles differ from those in non-protected classes who do substantially similar work. Even if your employment position has a different name and you have a different job title, your employer cannot pay you less because of your class if you are doing substantially similar work to others who are paid at a higher rate who are in a different class.
The Defined Protected Classes
The defined classes given protection under this Act are the recognized classes under the New Jersey Law Against Discrimination (NJLAD) which incorporates the Diane B. Allen Equal Pay Act, include but is not limited to color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, race, creed, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability, atypical hereditary cellular or blood trait of any individual, and liability for service in the armed forces.
New Jersey Has the Strongest Equal Pay Law in the Country
This NJ law, incorporated into the New Jersey Law Against Discrimination, is the strongest civil rights - equal pay law in the US. 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.
What You Can do
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.
I am successful in bringing employee lawsuits against governmental entities and private employers and recovering money for victims of sex, gender, age, race, disability, sexual orientation, and other discrimination. If you think you are being pushed out of your job or retaliated against, you should contact this office immediately for a free consultation.
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.
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 every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.