Pay Discrimination Laws
Federal and New Jersey Law Protections
Under New Jersey law and federal statutes, such as 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 disparity continues to affect women in the United States.
Persistent Wage Disparity
A 2015 Pew Research Center study revealed women earned 83% of what men made for comparable work hours. Although this is an improvement from 1980, where women earned just 67% of men’s earnings, the United States Census Bureau reports women earning only 80% of men’s wages when considering full-time, year-round employees. Women aged 25 to 34 experience a narrower gap but still earn only 90% of what their male counterparts make. In fields like childcare, women earn approximately 95% of what men are paid for the same roles. On average, women must work an additional 44 days per year to match men’s annual earnings.
Women and Promotion
Career Advancement Challenges
Women often face longer paths to career advancement, impacting their pay progression. In education, for example, female school principals typically have three more years of teaching experience than their male counterparts before being promoted. The Pew Research Center attributes this to women taking career breaks or reducing work hours for family care and childbirth. About one in four women report taking extended breaks or reducing their work commitments for family responsibilities or childbirth, affecting their professional trajectory and earning potential.
The Equal Pay Act
Ensuring Wage Parity
The Equal Pay Act of 1963 mandates that jobs, though not identical in title, must be substantially similar in duties to warrant equal pay. This Act allows employees to approach federal or state courts directly with their grievances without needing to file a complaint with the Equal Employment Opportunity Commission initially. The Act also prohibits resolving pay disparities by reducing the wages of the higher-paid employee.
Historical Justifications for Unequal Pay
Historically, reasons for unequal pay included higher turnover rates among working women due to family commitments, legal restrictions on women’s working hours and conditions, and societal biases. Women’s earnings were often not considered crucial for household survival. Under the EPA, wage differences are permissible based on merit, seniority, production quality or quantity, or factors other than gender. Plaintiffs must prove that women were paid less than their male counterparts for substantially equal work. The Reorganization Act of 1977 shifted the EPA’s enforcement to the Equal Employment Opportunity Commission in 1979.
New Jersey and the New Equal Pay Act
Advancements in Employment Discrimination Law
The Diane B. Allen Equal Pay Act addresses pay disparity by making it unlawful for employers to pay members of any protected class less than non-members for substantially similar work. This Act, integrated into the Law Against Discrimination (LAD), allows claims for compensation for up to six years. Employers violating the Act’s pay practices may face treble damages, applicable in cases of employer retaliation against employees discussing or disclosing pay information.
Contact Our Experienced New Jersey Equal Pay Attorneys
At Castronovo & McKinney, our commitment to advocating for equal pay is reflected in our track record of effectively handling such claims throughout Atlantic City and New Jersey. Our legal team prioritizes your best interests and diligently works to ensure your rights to fair compensation are upheld. We understand the intricacies of equal pay disputes and are prepared to represent you with dedication both in and out of court. If you believe you’ve been unfairly compensated, contact us to assess your case and take decisive steps toward securing the justice and equality you deserve in the workplace.
Castronovo & McKinney, LLC helps clients with their equal pay claims throughout New Jersey, including Atlantic City.