Pay Discrimination

Unfortunately, pay discrimination is all too common in the workplace. Employers frequently pay different salaries to comparable employees for substantially similar work, without any good reason.

Fortunately, New Jersey and New York law each prohibit employers from paying you less because of your age, gender, race, color, disability, pregnancy, sexual orientation, religion, marital status, national origin, ancestry, or another legally-protected category.

If you have been the victim of pay discrimination at your job, please feel free to contact us online or call us at (201) 777-2250 to schedule a consultation with one of our New Jersey pay discrimination attorneys.

New Jersey has an extremely strong law that protects employees against pay discrimination, the Diane B. Allen Equal Pay Act.  For example, instead of requiring the employee to prove the reason she was paid less is discriminatory, New Jersey's Equal Pay Act places the burden of proof on the employer to show that the reason it paid you less than your coworkers was not discriminatory.

In addition, New Jersey's Equal Pay Act has a six-year look-back period, making it possible to recover damages going back up to six years before you file a lawsuit.  It also provides for treble (triple) damages, meaning you can recover three times your actual economic losses.  Those remedies are on top of the right to recover damages for the emotional distress you experienced as a result of the discrimination, and the ability to recover your attorney's fees and other legal costs from your employer.

For additional information about these important legal rights, please read our article:  New Jersey Enacts Stronger Equal Pay Law, which was written by one of our firm's New Jersey pay discrimination lawyers.

Perhaps the most common forms of pay discrimination are based on gender, race and color. Historically, women and people of color have been paid far less than white males who perform the same (or similar) work.

While the pay gap may have somewhat narrowed over time, female, African American and Latino workers still are paid far less than their white male counterparts who have the same level of education, training and experience. These forms of race, color and gender discrimination violate the law.

State and federal anti-discrimination laws including the Equal Pay Act ("EPA"), the New Jersey Law Against Discrimination ("LAD"), and the New York Human Rights Law ("NYHRL") prohibit companies from using gender, race, color or another prohibited discriminatory reason to pay you a lower salary, smaller bonus, lower commissions, or deprive you of another benefit that it provides to your peers.

In an effort to protect employees who want to learn whether they have been the victim of pay discrimination, the New Jersey Law Against Discrimination ("LAD") and the New York City Human Rights Law ("NYCHRL") both prohibit employers from retaliating against employees who ask a current or former coworker about their compensation or benefits. For more information about this legal protection please see our articles: Governor Christie Signs Two New Employment Laws and NYC Bans Salary Inquiries from Job Applicants.

If you have been underpaid for a discriminatory reason, then you should contact a New Jersey pay discrimination attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. to discuss the facts of your case, and figure out the best course of action to enforce your employment law rights. 

Our telephone number is (201) 777-2250. Or, if you prefer, you can contact us online. We offer consultations in person, over the phone, or online via Zoom.

If you would like to learn more about equal pay claims, we recommend you read one of the following articles on our Employment Law Blog:

• New Jersey Imposes New Requirements Under Equal Pay Act
• EEOC Sues Port Authority of NY & NJ for Sex and Age Discrimination