New Jersey employers may soon be subject to a new law concerning equal pay and employment discrimination. Bill S. 992 has recently been passed during the current legislative session by the assembly and is awaiting approval from Governor Chris Christie. If signed by the Governor, the enacted bill would amend current law, including the Law Against Discrimination that prohibits employers from discriminating in any job-related action on the basis of any of the law’s specified protected categories.
Under the new law, it would be unlawful for an employer to pay an employee a wage rate less than the rate another employee of the opposite sex in the same workplace is paid for equal work. A different wage rate may be paid if the employer demonstrates that the disparity is due to a seniority system, a merit system, or other bona fide factors such as education or experience. Also under the new law, employers would be prohibited from retaliating against an employee who discloses information about job title, occupational category, rate of compensation, gender, race, ethnicity, military status, or national origin of employees or former employees. Employees or prospective employees cannot be required to agree or sign a waiver to not make the disclosures previously listed.
If individuals are affected by the application of a discriminatory compensation decision or other practice, it would be considered an unlawful employment practice under the law. An affected individual may obtain relief for back pay for the entire period of time in which the violation with regard to discrimination in compensation has been continuous.
Make sure to visit our page for more updates on New Jersey’s equal pay and employment discrimination bill. Compliance Poster Company will continue to monitor.