On August 29, 2013, Governor Chris Christie signed a bill (A2648) into law barring employers from retaliating against employees who share information about their compensation with other employees in furtherance of a pay discrimination claim. The law, effective immediately, amends the New Jersey Law Against Discrimination to prohibit retaliation or discrimination against any employee who discloses to another employee, former employee, or their authorized representative information regarding the employee’s (1) job title, (2) occupational category, (3) rate of compensation or benefits, (4) gender, (5) race, (6) ethnicity, (7) military status, or (8) national origin, if it was reasonable for the employee to believe that the request or disclosure was made for the purpose of investigating the possibility of pay or compensation discrimination. The law likewise prohibits retaliation or discrimination against an employee who requests such information from another employee, former employee, or authorized representative, however, employees subjected to such a request are not required to disclose such information.
By Carmen J. DiMaria and Mark Diana
