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New Jersey Bills Seek to Strengthen Protections Against Employment Discrimination and Promote Equal Pay for Women

Authors: Michael J. Riccobono (Morristown), Evan J. Shenkman (Morristown), Krystina Barbieri (Morristown)

Published Date: March 7, 2017

On January 19, 2017, and on February 13, 2017, two bills (A4515 and S3014) were introduced in the New Jersey Legislature that would amend the New Jersey Law Against Discrimination to specifically prohibit employers from discriminating between employees on the basis of sex by paying “a rate of compensation, including benefits, which is 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 bills do provide, however, that an employer may pay its employees a different rate of compensation or provide “less favorable employment opportunities” if (1) the employer can establish that the decision to do so is based on a seniority or merit system that does not discriminate on the basis of sex, or (2) if it is based on other legitimate, bona fide factors other than sex such as training, education, experience, or the quantity or quality of production. The bills also would prohibit employers from retaliating against an employee for disclosing information about rates of compensation, job titles, occupational categories, genders, races, ethnicities, military statuses, or national origins of employees and/or former employees.

Michael J. Riccobono  (Morristown)

Michael J. Riccobono
Michael J. Riccobono is an employment litigator who regularly defends employers against single- and multi-plaintiff discrimination, harassment, whistleblower, retaliation, and non-competition/non-solicitation matters before both state and federal courts and government agencies. He has represented employers of all sizes and from a number of different industries, ranging from international Fortune 500 corporations to closely-held and family businesses, in the financial, pharmaceutical,...

Evan J. Shenkman  (Morristown)

Evan J. Shenkman
Evan J. Shenkman is a member of Ogletree Deakins’ Knowledge Management Department, serving as the firm’s Director of Knowledge Management Counsel and Research. In his role, Mr. Shenkman is responsible creating processes, practices, and software to allow firm attorneys to work smarter, faster, and more in sync; creating internal and client-facing collaborative tools; and managing the firm's team of Knowledge Management Counsel and the firm's Legal Researchers. He also manages...

Krystina Barbieri  (Morristown)

Krystina Barbieri
Krystina L. Barbieri is an Associate in our Morristown, New Jersey office. Her practice focuses on defending employers against employment-related claims in both state and federal court, as well as before state and federal agencies. Ms. Barbieri has practical experience with claims alleging discrimination, retaliation, whistleblower, and non-competition/non-solicitation matters. Ms. Barbieri also has experience in the defending wage and hour claims and has written extensively on workplace issues...