Political commentators have called the Dianne B. Allen Equal Pay Act “the most sweeping equal pay legislation in the nation.” Signed into law by Governor Phil Murphy on April 24, 2018, and effective July 1, 2018, this groundbreaking New Jersey legislation significantly expands pay protection for all workers, including educators. And unlike the federal Equal Pay Act, which only addresses gender-based pay disparities for “equal” work, New Jersey’s law covers all protected classes under the New Jersey Law Against Discrimination and requires equal pay for “substantially similar” work.
Why Is Equal Pay Crucial in New Jersey’s Education System?
Equal pay in education ensures that teachers, administrators, counselors, and support staff receive fair compensation regardless of their race, gender, age, sexual orientation, disability status, or other protected characteristics. When schools pay their educators fairly, they boost morale, reduce turnover, and retain experienced professionals who can better serve students. The act protects against wage discrimination based on 21 different protected classes, making it one of the most comprehensive equal pay laws in the United States.
How Does the Act Specifically Protect New Jersey Educators?
The act makes it illegal for school districts and educational institutions to pay employees who are members of protected classes less than colleagues who are not members of those classes for substantially similar work. In other words, a female teacher cannot be paid less than a male teacher for performing the same duties, and the same protection extends to educators of different races, ages, sexual orientations, and other protected characteristics.
What Remedies Are Available to Educators Under This Act?
Educators who experience pay discrimination have powerful legal remedies at their disposal. The act provides for “treble damages,” which means that successful plaintiffs can receive three times their actual damages, plus lawyer fees. Additionally, the act includes strong anti-retaliation provisions, protecting educators who discuss their wages or file complaints from punishment by their employers.
How Can Educators Take Action if They Suspect Pay Discrimination?
If you are an educator and believe that you are experiencing pay discrimination, document your concerns and request salary information from your employer. If you can confirm an instance of discrimination, file a complaint with the New Jersey Division on Civil Rights or pursue civil litigation.
*Note that your employer cannot reduce your higher-paid coworkers’ salaries to achieve compliance—they must raise your pay instead.
What Legal Challenges Might Educators Face in Pursuing Equal Pay Claims?
While the act is comprehensive, employers can defend against pay disparity claims if they can demonstrate that differences are based on legitimate, non-discriminatory factors. These factors include seniority systems, merit-based evaluations, education, training, experience, or job performance. These factors must always relate to the job, be attached to some business necessity, be applied reasonably, and account for the entire wage differential.
How Can the Marlton Employment Lawyers at Burnham Douglass Help Educators?
The Marlton employment lawyers at Burnham Douglass have an exceptional track record in employment law, having achieved over $10 million in settlements and jury verdicts for clients facing workplace discrimination. In the past, we have negotiated a $1.25 million settlement for clients facing gender discrimination within a County Prosecutor’s Office and won a $1.8 million jury verdict plus $850,000 in lawyer fees for a whistleblower retaliation case.
Contact the Marlton Employment Lawyers at Burnham Douglass if You Have Questions About Your Rights in the Workplace
The knowledgeable Marlton employment lawyers at Burnham Douglass are here to answer all of your employment-related questions. For a free consultation, call us today at 856-751-5505 or submit our online contact form. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients in South Jersey, including Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.