![]() In addition, as an alternative, the employer may prove that the entire wage differential is reasonably based on one or more legitimate, bona fide factors other than sex, such as training, education or experience, or the quantity or quality of the employee’s production. Further, the employer must demonstrate that any factors it relied on to make this determination do not perpetuate any sex-related differences in compensation. ![]() In order to justify any differences in pay between substantially similar jobs, it would be the employer’s obligation to prove that such differences were either due to a seniority system or merit system, like those contained in union contracts. It could extend to include the comparison of disparate jobs and disparate duties. This bill would mandate equal pay, inclusive of benefits, between males and females not just for equal work, but for work which is deemed “substantially similar.” Whether two different jobs involve substantially similar work will be determined based on a court’s assessment of the “skill, effort and responsibility” for each position. The concept of substantially similar work is a much more elastic one than equal pay for equal work. ![]() To avoid liability, and the imposition of triple damages and other penalties, employers will be required to prove not only that the entire difference in compensation is fully justified by legitimate bona fide factors other than gender, but that any such factor does not have the effect of perpetuating gender related differences in compensation, is “job-related ” to the specific work in question, and is justified by business necessity. 992) would make significant changes to the New Jersey Law Against Discrimination in an effort to address the gender wage gap. While few would argue against the important goal of ending gender based wage discrimination the proposed law, which recently passed the New Jersey Senate, would place significant burdens on New Jersey employers by creating the presumption of illegal discrimination where any employee of one gender is paid less in wages and benefits than employees of the other gender performing “substantially similar work.” The bill moving through the New Jersey Legislature (S.B. ![]() The momentum of this latest push has carried through from the White House to the New Jersey State Legislature with S.B. In February, the Obama administration announced additional efforts aimed at promoting equal pay opportunities and greater diversity and inclusion in the federal workforce. ![]()
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