In jurisdictions governed by New Jersey state law and federal statutes such as Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, it is illegal to engage in pay discrimination based on gender. Despite these protections, wage disparities persist, particularly affecting women.
Research from the Pew Research Center in 2015 showed women earned 83% of what men made for comparable work hours, an improvement from 67% in 1980. However, the U.S. Census Bureau found women earned only 80% of men’s wages when considering full-time, year-round employment.
Women and Promotion
The pay gap is narrower for women aged 25 to 34, but they still earn only 90% of what men make. This ongoing disparity suggests that both younger and older women face significant obstacles in achieving pay equity. In fields such as childcare, women earn about 95% of what men are paid for equivalent roles. On average, women must work an additional 44 days per year to match men’s annual earnings.
Women also face longer paths to career advancement, impacting their salary progression. In education, female school principals typically have three more years of teaching experience than their male counterparts before being promoted. This disparity partly results from women taking career breaks or reducing work hours for family care and childbirth. Around one in four women report taking extended breaks or reducing work commitments due to family responsibilities, significantly influencing their professional trajectories and earning potentials.
The Equal Pay Act
The Equal Pay Act of 1963 ensures wage parity in New Jersey. This law mandates that jobs involving substantially similar duties warrant equal pay, emphasizing task similarity over job titles. The Act allows employees to approach federal or state courts directly with their grievances, bypassing the need to file a complaint with the Equal Employment Opportunity Commission. The Act also prohibits rectifying pay disparities by reducing the wages of higher-paid employees.
Historically, justifications for unequal pay included higher turnover rates among working women due to family commitments, legal restrictions on women’s working hours, and societal biases. Under the Equal Pay Act, wage discrepancies are permissible based on merit, seniority, production quality or quantity, or factors unrelated to gender. Plaintiffs must demonstrate that women were paid less than their male counterparts for substantially equal work. Certain professional fields were exempt from the Equal Pay Act until the Educational Amendments of 1972. The Reorganization Act of 1977 transferred the enforcement of the Equal Pay Act to the Equal Employment Opportunity Commission in 1979.
New Jersey and the New Equal Pay Act
The Diane B. Allen Equal Pay Act, effective July 1, 2018, combats employment discrimination and pay disparity in New Jersey. This law, part of the Law Against Discrimination, aims to rectify the wage gap where women earned 80 cents for every dollar earned by men as of 2015. The Act imposes stringent measures against pay disparity, making it unlawful for employers to pay members of any protected class less than non-members for substantially similar work. Legitimate pay differences based on merit or seniority are allowed.
The Act also stipulates that biased pay practices are illegal each time they occur, and affected workers can claim compensation for up to six years. Courts may impose treble damages for violations, including employer retaliation against employees for discussing or disclosing compensation information. Treble damages also apply if an employer enforces a waiver preventing employees from discussing or disclosing pay rates and practices.
Contact Our Experienced New Jersey Equal Pay Attorneys
This law, championed by Assemblywoman Pamela Lampitt, positions New Jersey at the forefront of protecting against pay discrimination, furthering the state’s commitment to workplace equality and justice.
Castronovo & McKinney, LLC helps clients with their equal pay claims throughout New Jersey, including Greenwich Township.