Under both New Jersey law and federal statutes like Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, gender-based pay discrimination is illegal. Despite these protections, wage gaps continue, especially affecting women. A 2015 Pew Research Center study found that women earned only 83% of what men made for the same work. While this has improved from 1980, when women earned just 67%, the U.S. Census Bureau reports a more significant gap, with women earning just 80% of men’s wages for full-time, year-round work.
The gap is narrower for women aged 25 to 34, who earn 90% of what their male counterparts make. However, this still points to ongoing challenges for both younger and older women in achieving pay equity. Women working in fields like childcare, where they dominate, still earn only about 95% of what men are paid for the same work. To match men’s annual earnings, women must work an additional 44 days per year, on average.
Women and Career Advancement
Women also face longer paths to career advancement, impacting their earning potential. A prominent example is the education sector, where female school principals typically have three more years of teaching experience than their male counterparts before being promoted. A significant factor in this disparity is that about one in four women report taking career breaks or reducing work hours for family care or childbirth, which affects their professional trajectory and earning potential in Estell Manor and across New Jersey.
The Equal Pay Act
In Estell Manor, as well as throughout New Jersey, the Equal Pay Act of 1963 plays a crucial role in ensuring wage parity. It mandates that jobs that are substantially similar in duties—regardless of job titles—must receive equal pay. Employees can directly approach state or federal courts with complaints, bypassing the need to file a complaint with the Equal Employment Opportunity Commission (EEOC). Importantly, the Act prohibits reducing the wages of a higher-paid employee to resolve pay disparities.
The law permits wage differences based on merit, seniority, or production-related factors, but the burden of proof falls on plaintiffs to demonstrate unequal pay for substantially equal work. Some professional fields were exempt from the EPA until the Educational Amendments of 1972, and the enforcement shifted to the EEOC in 1979.
New Jersey’s Diane B. Allen Equal Pay Act
New Jersey’s Diane B. Allen Equal Pay Act, effective July 1, 2018, strengthens protections against wage disparities. The Act combats the pay gap by making it unlawful for employers to pay members of any protected class less than their non-member counterparts for substantially similar work. This includes race, gender, age, disability, and other statuses. Legitimate pay differences based on merit or seniority are allowed, but any discriminatory pay practice is an illegal act each time it occurs, with employees eligible to claim compensation for up to six years.
If an employer is found guilty of violating the Act’s provisions, the court may impose treble damages. These penalties also apply if an employer retaliates against employees discussing or disclosing pay rates, or attempts to enforce non-disclosure agreements about compensation. The Act positions New Jersey as a leader in promoting workplace equality and justice, ensuring stronger protections against pay discrimination.
Contact Our Experienced Equal Pay Attorneys
Castronovo & McKinney, LLC advocates for workers facing pay discrimination in Estell Manor and across New Jersey. Our legal team has extensive experience handling equal pay cases and works tirelessly to protect your rights. If you believe you’ve been unfairly compensated, contact us to discuss your case. We are committed to achieving the justice and pay equity you deserve in the workplace.
Castronovo & McKinney, LLC represents clients with equal pay claims throughout New Jersey, including Estell Manor.