Disparate Pay

Equal pay for equal work. it’s that simple. We fight for equality.

What is Disparate pay?

The Diane B. Allen Equal Pay Act, also known as the New Jersey Equal Pay Act, makes it illegal “[f]or an employer to pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, which is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort, and responsibility.”

In plain English, if you are a member of a protected class (which means - if you are a woman, a member of the LGBTQ+ community, have a disability, are of a particular race/ethnicity/national origin, or practice a particular faith, etc.) and you are not being paid equally for the same work as a co-worker who is not a member of the same protected class, you may have a claim against the employer for disparate pay under the New Jersey Equal Pay Act.

How can I prove disparate pay?

If you prove that you are a protected class member and are paid less than one (1) other employee doing substantially similar work, you have met your burden to proceed with a claim. An employer may prove an affirmative defense to the disparate pay claim by demonstrating either that the employer has a valid seniority system or merit system or that the employer considered other legitimate non-discriminatory factors.

Can my employer prohibit workers from discussing PAY?

The law generally protects workers in discussing pay with colleagues, and an employer who requires employees or prospective employees not to discuss compensation may be violating the law. The New Jersey Equal Pay Act demands pay equality, and so do we. Workers learn about salary inequality by discussing salary and benefits, which may violate the law.

If your employer asks employees to keep quiet regarding compensation, speak to an employment attorney to determine whether you have a claim under the New Jersey Equal Pay Act.