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  • NJ A4515
  • Concerns equal pay and employment opportunities for women.
Introduced
(1/19/2017)
In Committee
(1/19/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill modifies the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) ("LAD") to strengthen protections against employment discrimination and promote equal pay for women. The bill amends the LAD to make it an unlawful employment practice for an employer to discriminate between employees on the basis of sex by paying a rate of compensation, including benefits, to employees of one sex less than the rate paid to employees of the other sex for substantially similar work, when viewed as a composite of skill, effort and responsibility. The bill prohibits any employer paying a rate in violation of the bill from reducing the rate of compensation of any employee in order to comply with the bill. The bill also makes it an unlawful employment practice for an employer to provide less favorable employment opportunities on the basis of an employee's sex. The bill permits an employer to pay a different rate of compensation or to provide less favorable employment opportunities if the employer demonstrates that the differential or opportunity availability is made pursuant to a seniority or merit system that does not discriminate on the basis of sex. The bill provides that a pay differential or less favorable employment opportunity may also be based on legitimate, bona fide factors other than sex, including, but not limited to, training, education, experience, or the quantity or quality of production. The employer must demonstrate that each factor is applied reasonably and that one or more of the factors account for the entire wage differential or opportunity availability. Prior salary may not, by itself, justify any disparity in compensation or less favorable employment opportunity. The employer must also demonstrate that the factors do not perpetuate a sex-based differential in compensation or less favorable employment opportunities on the basis of sex and that the factors are job-related and based upon legitimate business necessities. The bill also amends the LAD to prohibit an employer from taking reprisals against an employee for disclosing information about job titles, occupational categories, rates of compensation, gender, race, ethnicity, military status, or national origin of employees or former employees. It prohibits an employer from requiring, as a condition of employment, any employee or prospective employee to waive rights under the law. For purposes of the bill, an employee is deemed to work at the same establishment as another employee if the employees work for the same employer at workplaces located in the same county of the State.
Labor
Introduced, Referred to Assembly Labor Committee  (on 1/19/2017)
 
 

Date Chamber Action Description
1/19/2017 A Introduced, Referred to Assembly Labor Committee
Date Motion Yea Nay Other
None specified