In a time when workplace diversity and equity are front and center, wage discrimination continues to be a significant and often hidden issue affecting employees across New Jersey. Despite legal protections, many workers are still paid less based on their gender, race, or other protected characteristics—not their qualifications or job performance.
What Is Wage Discrimination?
Wage discrimination occurs when two employees doing substantially the same job are paid differently because of characteristics like gender, race, age, or disability. It violates both federal laws—such as the Equal Pay Act and Title VII of the Civil Rights Act—and New Jersey’s Diane B. Allen Equal Pay Act, which is among the most comprehensive in the nation.
This type of discrimination can manifest in various forms, including base salary differences, disparities in bonuses or commission structures, or unequal access to promotions and raises.
How the Law Protects Workers in New Jersey
New Jersey’s Equal Pay Act, which went into effect in 2018, significantly enhances workers’ rights. It requires that employees in “substantially similar” roles receive equal compensation, regardless of gender or other protected class. Importantly, the law shifts the burden to employers to justify pay differences and allows victims to recover up to six years of back pay, as well as triple damages.
This robust framework gives workers a powerful legal tool to challenge unfair compensation and demand transparency from employers.
Common Examples of Wage Discrimination
- A female employee consistently earning less than her male colleagues for the same role
- Minority employees receiving lower bonuses despite comparable performance
- Disabled workers being denied merit-based raises or promotions
- Older employees being paid less than younger hires for similar work
Even if an employer claims that pay discrepancies are due to “market conditions” or “prior salary,” these justifications are not always lawful under New Jersey’s employment statutes.
Steps to Take If You Suspect Wage Discrimination
Challenging pay disparities can be daunting, especially when salaries are not openly discussed in the workplace. However, New Jersey law also prohibits employers from retaliating against workers who inquire about, discuss, or disclose their wages.
If you believe you’re experiencing wage discrimination, take the following steps:
- Document your salary and job responsibilities and compare them with colleagues in similar roles.
- Request a written pay structure or HR explanation if discrepancies exist.
- Consult a qualified employment attorney to assess your situation and legal options.
Why Legal Representation Is Critical
Wage discrimination cases require detailed analysis and a strong understanding of legal standards. Proving that jobs are “substantially similar” and that pay differences are unjustified involves collecting evidence, interviewing witnesses, and often challenging a company’s internal pay practices.
NJ Employment Lawyers, LLC specializes in these complex claims. Our attorneys are committed to fighting for equal pay and workplace fairness. Whether through negotiation or litigation, we work tirelessly to ensure our clients receive the compensation they rightfully deserve.
If you believe you’re being underpaid due to unlawful discrimination, don’t stay silent. New Jersey wage discrimination attorneys are ready to help you level the playing field.
Contact Information
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
Phone: (973) 358-7027