Castronovo & McKinney, LLC provides legal representation to individuals in Berkeley Heights, NJ, who have experienced pay discrimination by their employers. Pay disparities, especially those based on gender, continue to be a significant issue despite legal protections under New Jersey law and federal statutes like Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963.
A 2015 study by Pew Research Center found that women earn only 83% of what men make for comparable work. While this represents an improvement from 67% in 1980, the U.S. Census Bureau reports that, on average, women earn just 80% of men’s wages in full-time, year-round positions. This gap persists, even for women between the ages of 25 and 34, who earn only 90% of their male counterparts’ salaries. Women are also concentrated in fields such as childcare, where they earn only 95% of what men make for the same roles, which means they would need an additional 44 working days to match men’s earnings annually.
Gender and Career Advancement
In Berkeley Heights, women often face additional barriers to career advancement, affecting both their professional growth and earning potential. For example, female school principals typically have more teaching experience than their male counterparts before being promoted. Many women also take career breaks or reduce their hours due to family responsibilities—about one in four women report taking extended breaks for these reasons. This career disruption impacts their long-term earnings and opportunities for advancement across New Jersey.
The Equal Pay Act
Under the Equal Pay Act of 1963, employers must offer equal pay for jobs that require similar duties, regardless of job title or gender. Workers in Berkeley Heights can file complaints directly with federal or state courts without first needing to contact the Equal Employment Opportunity Commission (EEOC). The Act prohibits addressing pay disparities by simply lowering the wages of higher-paid employees. Historically, justifications for unequal pay were often rooted in gender biases, but today, pay differences can only be based on merit, seniority, production quality or quantity, or other non-gender-related factors. The burden of proof falls on employees to demonstrate the disparity for substantially equal work.
New Jersey’s Diane B. Allen Equal Pay Act
New Jersey’s Diane B. Allen Equal Pay Act, which took effect on July 1, 2018, strengthens protections against pay discrimination. This law, part of the Law Against Discrimination (LAD), prohibits employers from paying members of protected classes—such as women, racial minorities, or older workers—less than their counterparts for substantially similar work. Pay differences based on merit or seniority are allowed. Each instance of biased pay is considered a separate violation, meaning employees can claim compensation for up to six years of discriminatory practices. In cases of retaliation or other violations, courts can impose treble damages. This law reflects New Jersey’s commitment to ensuring fairness and equality in the workplace.
Contact Our Equal Pay Attorneys
If you believe you have been discriminated against in terms of pay, the attorneys at Castronovo & McKinney, LLC are ready to assist you. We have extensive experience representing clients in Berkeley Heights and across New Jersey in equal pay claims. Our team is dedicated to securing justice for workers who have faced unfair compensation practices. Contact us today to discuss your case and learn how we can help you pursue a fair resolution.
Castronovo & McKinney, LLC offers legal services throughout New Jersey, including Berkeley Heights, NJ.