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NEW GENDER-BASED PAY GAP LAWS COULD FORCE EMPLOYERS TO ADAPT

by James R. Fridie on Sep. 21, 2017

Employment 

Summary: NEW GENDER-BASED PAY GAP LAWS COULD FORCE EMPLOYERS TO ADAPT

In recent months two new bills have been introduced that would amend the New Jersey Law Against Discrimination. Bills A4515 and S3014, would offer additional protections for workers in relation to gender-based pay gaps, including a prohibition on paying different rates of compensation and benefits to employees of the other sex for similar work, skill, effort and responsibility.

Any time there is a shift in an employer's responsibility when it comes to avoiding discrimination, there is a possibility for misunderstandings of the law to open them up to potential claims. It is an almost universal truth that when the employment discrimination law landscape shifts, employers can benefit from having skilled legal guidance to help them avoid potentially costly mistakes.

Protecting Your Business Against Employment Discrimination Claims

While these bills are not yet laws, it always pays to be prepared for changes that could impact your current business. These new bills, if they become law, will prohibit employers from discriminating through compensation or benefits based on gender.

These bills, however, do recognize that certain issues can impact pay discrepancies and create an appearance of discrimination where none may genuinely exist. Various issues can be considered as impacting compensation and employment opportunities include:

  • Skill
  • Effort
  • Responsibility
  • Seniority
  • Training
  • Education
  • Experience

These new bills will also prevent retaliation if employees share information that could lead to the discovery of pay discrepancies.

Effectively Navigating Employment Law Challenges

To ensure that they do not fall on the wrong side of an evolving legal landscape, employers need to stay on top of all developments in the law. Working with the right attorney can help ensure that your business is taking the right steps no matter how the law develops.

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