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New Jersey Law Against Discrimination Amended to Ban Employers from Asking about Pay History
By Susan S. Hodges on July 26, 2019

On July 25, 2019, New Jersey Acting Gov. Sheila Oliver signed A1094 into law, which amends the New Jersey Law Against Discrimination to prevent employers from asking about workers’ wages and salary histories. Gov. Murphy had signed an executive order in January 2018, that aimed at combating gender inequality and promoting equal pay for women in New Jersey by banning the discriminatory practice in state government.

A1094 makes it an unlawful employment practice in New Jersey for any employer to screen job applicants based on their salary history, including prior wages, salary, commission, benefits or any other current or previous compensation. The law is designed to ensure that employees in the state receive salaries that are commensurate with their skills, qualifications, and experience.

Under the new law, any employer who attempts to ask or obtain applicants' salary histories will be subject to a civil penalty of no more than $1,000 for a first offense, $5,000 for a second violation, and $10,000 for any subsequent violations.  The law is effective immediately.

The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. You should consult a lawyer concerning your specific situation and any specific legal question you may have.

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