NEW JERSEY LAW AGAINST DISCRIMINATION
Non-discrimination is not enough – Limits on Employer “Retaliation”
New Jersey employers have long been aware that New Jersey’s Law Against Discrimination (the LAD), which protects employees from unlawful discrimination by employers, labor organizations and employment agencies, contains protection for workers that in some respects exceeds the protection provided by Federal laws such as the Civil Rights Acts, the Age Discrimination in Employment Act and the Americans with Disabilities Act. New Jersey’s Conscientious Employee Protection Act, which has been described as one of the most far-reaching “whistleblower” protection statutes in the United States, prohibits an employer from retaliating against an employee who discloses wrongdoing on the part of the company.
A new law restricts the ability of New Jersey employers to terminate or otherwise discipline employees who discuss their compensation and benefits packages with each other, or who disclose the compensation and benefits of a fellow employee who is not participating in the discussion. Many employers have policies prohibiting such discussions and disclosures. Now, however, if the information is being discussed by or divulged to an employee who believes that he is being discriminated against, the employer may not take any job action against the employees involved. Discussions and disclosures of job titles, occupational categories and compensation rates are protected if those discussions or disclosures are made in connection with legal action accusing the employer of discriminating against some employees in pay, benefits or bonuses. This includes cases where employees are seeking such information in order to determine if there is discrimination – it is not limited to use in lawsuits.
It is important to note that employees who discuss or divulge such information to those who ask for other purposes, including just being nosy, are not protected by the new law – employers are free to take appropriate action against them if they violate company policy.
The new law is an amendment to the LAD. By protecting employees who engage in good faith attempts to determine if they or others are being discriminated against, proponents of the bill believe, the law will help reduce occurrences of pay discrimination.
Governor Christie signed the bill into law on August 29, 2013, along with another amendment which requires employers to post information about state and federal employee rights in the workplace. He vetoed two additional amendments passed by the legislature. One of these would have required employers to make additional reports to the Department of Labor, submitting information about the pay, job title and benefits offered to each worker, as well as the worker’s race and gender. The other vetoed amendment would have loosened restrictions on the way New Jersey calculates the period during which an employee may start a lawsuit alleging pay discrimination.
New Jersey is in the forefront when it comes to protecting employees from discrimination. Employers should of course refrain from illegal discrimination, but it is equally important that they thoroughly document the reasons for each hiring, termination, promotion and demotion in order to be prepared to rebut claims of discrimination or unlawful action if they arise.
DISCLAIMER – This article is for general information only and is not intended to provide legal advice or to address specific legal problems. This article does not create an attorney-client relationship. For legal advice concerning real estate transactions and all other legal matters, consult an attorney.
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Who Is Paid How Much ?
NEW JERSEY LAW AGAINST DISCRIMINATION
Non-discrimination is not enough – Limits on Employer “Retaliation”
New Jersey employers have long been aware that New Jersey’s Law Against Discrimination (the LAD), which protects employees from unlawful discrimination by employers, labor organizations and employment agencies, contains protection for workers that in some respects exceeds the protection provided by Federal laws such as the Civil Rights Acts, the Age Discrimination in Employment Act and the Americans with Disabilities Act. New Jersey’s Conscientious Employee Protection Act, which has been described as one of the most far-reaching “whistleblower” protection statutes in the United States, prohibits an employer from retaliating against an employee who discloses wrongdoing on the part of the company.
A new law restricts the ability of New Jersey employers to terminate or otherwise discipline employees who discuss their compensation and benefits packages with each other, or who disclose the compensation and benefits of a fellow employee who is not participating in the discussion. Many employers have policies prohibiting such discussions and disclosures. Now, however, if the information is being discussed by or divulged to an employee who believes that he is being discriminated against, the employer may not take any job action against the employees involved. Discussions and disclosures of job titles, occupational categories and compensation rates are protected if those discussions or disclosures are made in connection with legal action accusing the employer of discriminating against some employees in pay, benefits or bonuses. This includes cases where employees are seeking such information in order to determine if there is discrimination – it is not limited to use in lawsuits.
It is important to note that employees who discuss or divulge such information to those who ask for other purposes, including just being nosy, are not protected by the new law – employers are free to take appropriate action against them if they violate company policy.
The new law is an amendment to the LAD. By protecting employees who engage in good faith attempts to determine if they or others are being discriminated against, proponents of the bill believe, the law will help reduce occurrences of pay discrimination.
Governor Christie signed the bill into law on August 29, 2013, along with another amendment which requires employers to post information about state and federal employee rights in the workplace. He vetoed two additional amendments passed by the legislature. One of these would have required employers to make additional reports to the Department of Labor, submitting information about the pay, job title and benefits offered to each worker, as well as the worker’s race and gender. The other vetoed amendment would have loosened restrictions on the way New Jersey calculates the period during which an employee may start a lawsuit alleging pay discrimination.
New Jersey is in the forefront when it comes to protecting employees from discrimination. Employers should of course refrain from illegal discrimination, but it is equally important that they thoroughly document the reasons for each hiring, termination, promotion and demotion in order to be prepared to rebut claims of discrimination or unlawful action if they arise.
DISCLAIMER – This article is for general information only and is not intended to provide legal advice or to address specific legal problems. This article does not create an attorney-client relationship. For legal advice concerning real estate transactions and all other legal matters, consult an attorney.