NJ Wage Discrimination Law Increases Employer Burden

Law360, New York ( March 14, 2016, 10:13 AM EDT) -- It has been seven years since President Obama, as one of his very first acts in office, signed the Lilly Ledbetter Fair Pay Act of 2009 into law. The law dramatically expands employees' ability to sue their employers for the current ramifications of compensation discrimination that is alleged to have occurred decades prior. A bright spot for employers faced with such claims is that the law limits back pay liability to a two-year period before the employee files his or her claim of discrimination. A bill making its way through the New Jersey Legislature (S.B. 992) would amend the New Jersey law to specifically authorize the same type of far-reaching claims under the New Jersey Law Against Discrimination. However, this bill would include the following major differences: the proposed law would alter the burden of proof in wage discrimination claims and would allow claims for back pay to date back to the original act of alleged discrimination, no matter how many years have passed....

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