The "Diane B. Allen Equal Pay Act," (S104) which takes effect July 1, modifies the Law Against Discrimination, (LAD), to strengthen protections against employment discrimination and promote equal pay for all groups protected from discrimination. The Act makes it an unlawful employment practice for an employer to discriminate against an employee by paying a rate of compensation, including benefits, to employees of a protected class, which is less than the rate paid to employees not of the class, for substantially similar work.
The "Diane B. Allen Equal Pay Act" specifically prohibits any employer reducing the rate of compensation of any employee in order to comply with its provisions. The law changes the LAD to prohibit an employer from taking reprisals against an employee for discussing with, or disclosing to, other employees or former employees, attorneys, or government agencies, information about job titles, occupational categories, rates of compensation, gender, race, ethnicity, military status, or national origin of employees or former employees. The law prohibits an employer from requiring, as a condition of employment, any employee or prospective employee to waive rights under the law. In addition, the law provides that liability is to accrue and an aggrieved person may obtain relief for back pay for a period not to exceed six years, during which the violation has been continuous, if the violation continues to occur within the statute of limitations.