New Jersey law now allows employees to ask current or former co-workers about their job titles, occupational categories, pay and benefits, and status as members of protected categories.
Governor Chris Christie signed the new law on August 29, and the
bill was effective immediately upon signing. The law amends the New
Jersey Law Against Discrimination to prohibit retaliation against
any employee who asks a present or former co-worker for information
about that co-worker's job title, occupational category, or
rate of compensation including benefits. The legislation also
prohibits retaliation against any employee who asks a present or
former co-worker about his or her gender, race, ethnicity, military
status, or national origin.
The legislation originally would have amended New Jersey's
whistleblower statute, the Conscientious Employee Protection Act,
but was conditionally vetoed by Gov. Christie last year. That
original version of the bill prohibited retaliation against any
person who asked about or disclosed the information covered by the
bill. The version that became law prohibits retaliation only
against persons requesting the information. The final version of
the bill also expressly states that nothing in it shall be
construed to require a present or former co-worker to disclose any
information in response to a question about a topic covered by the
statute.
Sponsors of the legislation asserted that the prohibition against
retaliation was necessary to combat pay discrimination by allowing
employees to ask each other about salaries and benefits. The law
provides that covered inquiries must be for the purpose of
investigating or taking legal action because of discriminatory
treatment by the employer with respect to compensation or
benefits.
Employers should be aware of the potential for employees to
conduct "surveys" of pay and benefits provided to
co-workers as a result of the bill's enactment. Care should be
taken not to engage in any conduct that might be construed as
retaliation against the survey takers.
Originally published on the Employer's Law Blog
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.