Some employers may be violating the law by retaliating against employees for discussing salaries with other employees. It is natural for some employees to desire to know what their co-workers are earning. Under the New Jersey Law Against Discrimination (NJLAD), there are protected classes of workers who are protected from employment discrimination because they are a member of a protected class, which includes sex, race, age, disability, etc. See My Employer Discriminates Against Black Workers, Should We File Class Action? The Diane B. Allen Equal Pay Act became law in New Jersey on July 1, 2018. As a result of this law’s passage, a NJ employer's rule or practice which prohibits its employees from discussing wages with one another became a strictly illegal employer practice. This prohibition against employers’ instituting formal or informal rules that employees may not discuss wages, includes the discussion of all forms of pay, compensation and benefits. See Unequal Pay and Wage Claims - Diane B. Allen Equal Pay Act.
Do not sit on your rights, or you may lose the right to file your claim.
If you think your employer retaliated against for asserting your rights under discrimination law, it is essential for you to contact an experienced, aggressive and successful employment discrimination and whistleblower attorney who will be aggressive about enforcing your rights as soon as possible. Call today for a free consultation. See New Jersey Age Discrimination Lawyer. I have been successful in recovering financial compensation for employees’ emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages. This law office accepts cases from all over New Jersey and has locations in Southern, Central and Northern NJ to meet with clients. If you think you are being discriminated against, you should contact this office immediately for a free consultation.
Employees Have Right to Refuse to Disclose Such Information.
It is important to note that an employee has the right to refuse to answer the questions of other employees regarding their salaries, wages, compensation and benefits. Employees in protected classes under the NJLAD in particular, sometimes desire to compare the wages they are paid to other workers' wages, when the co-workers are similarly situated employees and doing substantially the same work. See NJ Sex Discrimination Attorney Males Paid more than Females for Doing Essentially the Same Job. Nothing in the Diane B. Allen Equal Pay Act, which became incorporated by a new subsection into the NJLAD, requires any employee to answer the questions of other employees regarding their pay, compensation and benefits. Nothing in the Diane B. Allen Equal Pay Act, shall be construed to require an employee to disclose their wages, pay, compensation and benefit information about the employee himself/ herself to any other employee, or former employee of the employer, or to any authorized representative of the other employee or former employee. See New Jersey Sex Discrimination Lawyer.
Some Employers Have Become More Savvy.
In New Jersey, it is prohibited for an employer to require that any prospective employee during the interview process, or any employee, sign any paper that constitutes a waiver, or to otherwise require an employee or prospective employee to agree, not to make requests of others inquiring about their pay and compensation information or disclosures. Employers used to be so bold as to issue Employee Handbooks containing language prohibiting employees from discussing their wages with other employees. Since the passage of the new subsection, while not overtly prohibiting it, employers may not relish it if they overhear employees discussing their pay with one another. See NJ Employment Attorney, Sex Discrimination Against Women Based on Numerous Biases.
Retaliation
Under the NJLAD, it is not only illegal for an employer to require that employees not discuss their wages and compensation with others, it is also illegal to retaliate against the employee if the employee does inquire or discuss their wages and compensation with his co-workers. See New Jersey Race Discrimination Lawyer. If you did inquire or discuss wages with your co-workers, and employer took reprisals against you, you may have a claim for illegal retaliation.
Illegal retaliation also encompasses an employer taking reprisals against an employee because he/she opposed the employers’ practices which are prohibited under this act, or shared information with a governmental entity, or filed a complaint, testified or assisted in any proceeding under this act. See New Jersey Whistleblower Laws Attorney.
If You Resign, You May Lose Right to Prevail in a Lawsuit.
In many instances of discrimination and retaliation, if you resign, 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 been fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
What You Can Do
If you are being subjected to unlawful workplace discrimination, contact Hope A. Lang, Attorney at Law today for a free consultation. I have represented numerous employees who were discriminated against and I was successful in recovering multiple six-figure financial compensation for their emotional pain and suffering, and moneys for lost wages, both for past lost wages and projected future lost wages. I accept 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.