Gender-based wage discrimination remains prohibited under both New Jersey state law and federal laws, including Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963. Despite these legal protections, significant wage disparities persist, particularly affecting women. For example, women still earn around 80% of what men make, according to the United States Census Bureau, among full-time, year-round employees.
In industries like childcare, where women make up the majority of the workforce, women earn only about 95% of what their male counterparts earn. This pay gap means women in these roles work an additional 44 days a year to match men’s earnings. Women in managerial roles also face longer promotion paths. Female school principals, for instance, typically accumulate three additional years of teaching experience before receiving a promotion compared to their male peers. This delay is often due to career breaks, family care responsibilities, or childbirth.
New Jersey’s Diane B. Allen Equal Pay Act, passed in 2018, strengthens pay equity protections by making it illegal to pay employees in protected classes less for similar work. Under the Act, pay differences are only justified based on merit or seniority. The Act allows workers to claim compensation for discriminatory pay practices up to six years in the past and imposes treble damages for violations. It also protects employees from retaliation for discussing compensation.
The Equal Pay Act of 1963 and the Diane B. Allen Equal Pay Act remain essential tools in the fight for equal pay. These laws allow employees to take legal action against pay discrimination in both federal and state courts, without requiring a prior complaint to the Equal Employment Opportunity Commission. Importantly, the Equal Pay Act ensures that employers cannot lower the wages of higher-paid employees to correct pay disparities.
For those facing pay discrimination in Margate City, NJ, Castronovo & McKinney, LLC offers expert legal support. With extensive knowledge of New Jersey and federal equal pay laws, our team is dedicated to helping clients pursue justice for unfair wage practices. If you’ve experienced gender-based wage discrimination, we are ready to evaluate your case and fight for your rights.
