NJ to Propose Gender-Equality Notice Rules for Employers

January 4, 2013 – In The News
Law360

The New Jersey Department of Labor and Workforce Development on Monday will formally propose new notification language that employers in the state must post and distribute under a recently adopted law intended to battle gender inequity or bias in the workplace.

The purposed “form of notification” will be published in the New Jersey Register and will be open for public comment. Under the law, employers will have to conspicuously post a notification detailing workers’ rights to be free of gender inequity or bias in pay, compensation, benefits or other employment terms and conditions under the state law against discrimination, Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963.

Additionally, employers will have to provide workers with written copies of the notification after the requirements go into effect, at the time new workers are hired, annually on or before Dec. 31 of each year, and any time a worker requests one. Employers would also have to establish proof of delivery by having workers sign the notices.

Employers must post a notice related to worker rights under the law against discrimination stating that it’s illegal to discriminate based on race, gender or other protected classes under the law when it comes to any condition of employment, as well as a federal Equal Employment Opportunity notice addressing workers; Title VII rights, according to Christina A. Stoneburner, a partner with the labor and employment department of Fox Rothschild LLP.

Gov. Chris Christie approved the new poster law amid conditional or absolute vetoes of other bills intended to address gender-based pay disparities. To Stoneburner, the law appeared to be an attempt by the governor to show he is conscious of the issues, but doesn’t really change much.

One difference compared to existing poster requirements for employers is the annual notification requirements under the bill, according to Stoneburner.