The New Jersey Law Against Discrimination (NJLAD) bars employers from discriminating against employees and job applicants on the basis of many different factors. Despite these protections, ongoing inequalities continue to create disadvantages for many people. The use of salary history is one way that employers might — even unintentionally — perpetuate systems of discrimination. The New Jersey Legislature amended the NJLAD and other areas of state law a few years ago to address this concern. The new law limits how employers may use salary history in the hiring process with regard to members of any “protected class” under the NJLAD. If you feel you have been discriminated against over salary history issues, it would be a good idea to consult with a New Jersey employment discrimination lawyer.
Protected Classes Under the NJLAD
Section 11(a) of the NJLAD identifies eighteen protected classes. These include race, sex, religion, national origin, pregnancy, disability, ongoing military service, age, sexual orientation, and gender identity and expression. Employers may not discriminate on the basis of any of these factors.
Unequal Pay Under the NJLAD
In § 11(t), the NJLAD specifically addresses unequal pay. It prohibits employers from paying employees who belong to a protected class less than other employees.