Gender-based pay disparities have long affected educators, particularly in New Jersey, where women make up roughly 75% of the teaching workforce. In 2018, women in New Jersey earned about 81% of what their male counterparts made. To address this issue, the Diane B. Allen Equal Pay Act was enacted, amending the New Jersey Law Against Discrimination (NJLAD) to provide stronger protections against pay discrimination.
Understanding the Diane B. Allen Equal Pay Act
Effective July 1, 2018, the Diane B. Allen Equal Pay Act prohibits employers from paying employees of protected classes less than others performing substantially similar work unless the pay disparity is based on legitimate, non-discriminatory factors such as seniority, experience, education, training, or differences in quantity or quality of work. The law applies to all employers in New Jersey, regardless of size, and covers full-time, part-time, seasonal, per-diem, and temporary employees.
Employer Obligations and Employee Rights
Under the Act, employers are prohibited from:
- Paying employees of protected classes less than others for substantially similar work.
- Retaliating against employees who discuss or disclose compensation information.
- Reducing an employee’s pay to correct a pay disparity once discovered.
Employees also have the right to discuss their compensation and inquire about pay practices without fear of retaliation.
Legal Remedies for Pay Discrimination
Employees who experience pay discrimination may seek legal remedies under the NJLAD. The Act allows individuals to recover up to six years of back pay for continuous violations, which is a significant extension from the previous two-year limit. Additionally, employees may be entitled to compensatory and punitive damages, as well as reimbursement for legal fees.
Steps Educators Can Take
If you suspect pay discrimination:
- Document Discrepancies: Keep records of your compensation and compare it with colleagues performing similar work.
- Seek Information: Ask about your employer’s pay practices and policies.
- Consult Legal Counsel: Contact an attorney specializing in employment law to understand your rights and options.
Addressing pay disparities is crucial for ensuring fairness and equity in the educational field. By understanding your rights and taking appropriate action, you can help create a more equitable workplace.
Stand Up for Your Rights with Assistance from Cherry Hill Employment Lawyers at Burnham Douglass
If you believe you are not being paid equitably, it is important to seek legal advice. The Cherry Hill employment lawyers at Burnham Douglass are experienced in handling pay discrimination cases and can guide you through the process. Call 856-751-5505 or contact us online to schedule a free consultation. With offices in Marlton and Northfield, New Jersey, we serve clients in South Jersey, including Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.