Every day, pay discrimination at work has an impact on the lives of people. When one worker does the same job as another but is not paid equally, this is referred to as pay discrimination. It happens frequently and is usually illegal.

Despite state and federal legislation, companies from a variety of industries still practice wage discrimination. The right to hold employers liable for breaking the law is one of many rights and protections that employees have, in addition to the right to fair compensation.

You have legal rights, and can sue over pay discrimination in the state of New Jersey. More information is as follows. However, we encourage you to consult with our NJ pay discrimination lawyers if you believe you are experiencing discrimination in the workplace. Brandon J. Broderick has decades of employment law and can help you with your case.

Pay Discrimination Explained

When an employer fails to pay workers who perform essentially equal labor the same compensation, it constitutes pay discrimination at work. According to federal law, this comparison would mean that the workers perform identical tasks under equivalent levels of responsibility, ability, and effort.

It's a common misperception that wage discrimination requires that both employees hold the same job title. When contrasting substantially equal work, the law recognizes the job content rather than job title.

People frequently think in terms of wages, but there are various instances of pay discrimination in the workplace, such as:

• Salary
• Bonuses
• Stock options
• Insurance
• Vacation / Holiday pay
• Travel expenses
• Profit sharing

Pay Discrimination Examples

There are a number of ways pay discrimination occurs at work. Here are some examples that could qualify:

• In a hospital, a male and female radiologic technician do the same job and have comparable training and experience. The male employee is paid 15% greater than that for the female employee.
• In an information technology company, a white male computer technician and an African American woman computer technician both perform the same tasks and have similar experience and/or skill set. The standard pay for the white male employee is 13% higher than for the African American female employee, but he also has access to a bonus program while she doesn't.
• At a retailer, the service desk is staffed by a 45-year-old customer service representative and a 29-year-old sales associate who do the same work every day. They both work in the same type of environment and have comparable duties and skill sets. The customer service representatives are paid $15 per hour, whereas sales representatives are paid $20 per hour.

Suing for Pay Discrimination

Employees are protected from pay discrimination at work, regardless of their job titles or industry. You are entitled to file a lawsuit against your employer if your situation meets the requirements. An employment law attorney can offer legal advice specific to your case, as well as outline your best legal choices.

To establish wage discrimination, a number of tactics and laws may be employed to prove your case. If your attorney bases your case on the Equal Pay Act, they will need to demonstrate similarities in your skill set, responsibilities, and working conditions. Additionally, there needs to be a location, preferably a specific building or buildings, where you work to provide proof.

Discrimination must be proven through evidence, such as paperwork, witnesses, and skill.

The management of lawsuits involving wage discrimination is under the control of the U.S. Equal Employment Opportunity Commission (EEOC). In addition to managing the case's filing, your attorney can assist in mediation and negotiation. Gather as much evidence (pay stubs, job descriptions, memoranda, HR documents, etc.) as you can if you think you have a case. Even if you don't believe you have enough supporting evidence, speaking with an employment law attorney is strongly recommended. You may have more evidence than you believe to support your claim.

Wage Discrimination Laws

Employees are protected against salary discrimination under state and federal law based on gender, race, color, religion, national origin, age, or disability. These are:

• The Equal Pay Act (EPA): a federal law  that forbids discrimination in pay based on gender.
• Title VII of the Civil Rights Act: This federal law provides extensive protections against discrimination based on race, color, religion, sex, or national origin.
• The Americans With Disabilities Act (ADA): federal law that forbids discrimination against a qualified individual with a handicap.
• The Age Discrimination in Employment Act (ADEA): a federal law that prohibits discrimination in the workplace against workers who are 40 years of age or older.

NJ Employment Law Attorneys Are Available to Help You

Contact a lawyer as soon as possible if you think that pay discrimination has been occurring at work or that you have been receiving unequal pay. It is best to retain counsel as soon as possible. The team at Brandon J. Broderick can assess your case and take the correct steps to ensure your case is successful.

Call us today for a free consultation.