Under New Jersey law and federal statutes, including Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, pay discrimination based on gender is illegal. Despite these protections, wage disparity persists in the United States, affecting women significantly.
A 2015 Pew Research Center study found that women earned only 83% of what men made for comparable work hours. This figure has improved from 1980 when women earned just 67% of what men did. However, the United States Census Bureau reports a larger gap, with women earning only 80% of men’s wages when considering full-time, year-round employees.
The pay gap is slightly narrower for women aged 25 to 34, yet they still earn only 90% of what their male counterparts make. This disparity suggests that both younger and older women face significant challenges in achieving pay equality. Moreover, despite dominating fields like childcare, women still 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
According to UrbanMinistry.org, women often face longer paths to career advancement, impacting their pay progression. A notable example is in the education sector, where female school principals typically have three more years of teaching experience than their male counterparts before being promoted. The Pew Research Center suggests that this disparity is partly due to women more frequently taking career breaks or reducing work hours for family care and childbirth. Notably, about one in four women report taking extended breaks or reducing their work commitments due to family responsibilities or childbirth. This factor plays a significant role in the professional trajectory and earning potential of women in Woodbridge Township and across New Jersey.
The Equal Pay Act
In Woodbridge Township, as well as throughout New Jersey, the Equal Pay Act of 1963 plays a pivotal role in ensuring wage parity. This Act stipulates that jobs, although not identical in title, must be substantially similar in duties to warrant equal pay, thus emphasizing task similarity over job titles. The Act empowers employees to directly approach the federal or state courts with their grievances, bypassing the need to file a complaint with the Equal Employment Opportunity Commission initially. Importantly, the Act prohibits resolving pay disparities by reducing the wages of the higher-paid employee.
Historically, justifications 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, especially in the 1950s when the norm was a household with a stay-at-home wife and a working husband. 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 in Equal Pay Act cases bear the burden of proof to demonstrate that women were paid less than their male counterparts for substantially equal work. Notably, until the Educational Amendments of 1972, certain professional fields were exempt from the EPA, linked to the Fair Labor Standards Act’s exclusions. However, the Reorganization Act of 1977 shifted the enforcement of the EPA to the Equal Employment Opportunity Commission in 1979, where it remains enforced today. This historical context and legal framework are essential for understanding and addressing pay discrimination in Woodbridge Township and beyond.
New Jersey and the New Equal Pay Act
The Diane B. Allen Equal Pay Act marks a significant advancement in the fight against employment discrimination and pay inequality. This law, which integrates into the Law Against Discrimination (LAD), was passed by the New Jersey Legislature on March 27, 2018, and became effective on July 1, 2018. It addresses the stark wage gap where, as of 2015, women in the U.S. earned only 80 cents for every dollar earned by men, with a projection of achieving pay parity only by 2059, according to the Institute for Women’s Policy Research.
This Act enforces stringent measures against pay disparity, making it unlawful for employers to pay members of any protected class – which includes race, color, ancestry, marital status, domestic partnership status, national origin, age, sexual orientation, pregnancy, genetic information, gender expression or identity, or military service liability – less than non-members for substantially similar work. However, it permits legitimate pay differences arising from merit-based systems or seniority.
The Act stipulates that any biased pay practice constitutes an illegal employment act each time it occurs, and affected workers can claim compensation for up to six years. Moreover, if an employer is found guilty of violating the Act’s pay practices, the court may impose treble damages. These are also applicable in cases of employer retaliation against employees for discussing, inquiring, or disclosing information regarding compensation with peers, legal advisors, or government agencies. Additionally, treble damages apply if an employer attempts to enforce a waiver preventing employees from discussing or disclosing pay rates and practices.
This law, championed by Assemblywoman Pamela Lampitt among others, positions New Jersey at the forefront of ensuring comprehensive protection against pay discrimination, furthering the state’s commitment to workplace equality and justice.
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 Woodbridge Township and New Jersey. Our legal team prioritizes your best interests and diligently works to ensure that 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, don’t hesitate to reach out to us. We’re ready to assess your case and take decisive steps towards securing the justice and equality you deserve in the workplace.
Castronovo & McKinney, LLC helps clients with their equal pay claims throughout New Jersey including Woodbridge Township.