On August 28, 2013, New Jersey Governor Chris Christie signed A-2648 to add a new non-retaliation pay equity measure to the Law Against Discrimination (“LAD”) (hereinafter, the “amendment” or “law”). The amendment prohibits an employer from retaliating against any employee who requests information concerning the job title, occupational category, rate of compensation (including benefits), gender, race, ethnicity, military status, or national origin of any other employee or former employee, provided that the purpose of the request is to investigate potential discriminatory treatment, or take legal action for discriminatory treatment, concerning pay, compensation, bonuses, or other compensation (hereinafter, “protected information”). The amendment makes it clear that an employer is not required to release protected information in response to an employee’s request, but only prohibits reprisals against any employee who makes such a request.

The law as signed by the Governor is a narrower version of a prior bill that originally proposed to amend New Jersey’s Conscientious Employee Protection Act (“CEPA”) to prohibit retaliation against employees both for requesting protected information and disclosing such information. Although the law now amends the LAD rather than CEPA and does not specifically protect an employee who discloses protected information, the amendment nevertheless may open the door for CEPA claims by employees who suffer retaliation for objecting to or disclosing violations of the new law.

Employers in New Jersey should consider reexamining and recirculating written policies concerning the handling of requests for and disclosures of employee information, and should ensure that managerial and supervisory staff are aware of the new non-retaliation provisions. Given the sensitivity of imposing limitations on employee discussions of compensation, benefits, and other terms and conditions of employment, employers should exercise caution before making such decisions. If you have any questions or concerns regarding the amendment, please contact your Proskauer lawyer.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Lawrence R. Sandak Lawrence R. Sandak

“Larry brings a ton of experience to the table, and that experience is invaluable to us. His business-minded approach and meticulous attention to detail keep me going back to him.”

                          – Client comment reported in Chambers USA 2018

Larry has more than 30…

“Larry brings a ton of experience to the table, and that experience is invaluable to us. His business-minded approach and meticulous attention to detail keep me going back to him.”

                          – Client comment reported in Chambers USA 2018

Larry has more than 30 years of notable success in the courtroom defending employers accused of discrimination, sexual harassment, breach of contract, and retaliation. According to Chambers USA, Larry understands employment litigation “absolutely inside out” and his “trial history attracts acclaim.” (See Representative Matters.)

Larry is also a trusted counselor. He give practical, cost-effective advice to clients on a broad range of issues, including the creation of sensible personnel policies and the preparation of employment contracts, policy manuals and employee handbooks. He is called upon frequently to conduct or supervise investigations of alleged employee misconduct, including sexual harassment, and to recommend appropriate responses.

Chambers USA reports that clients commend Larry as “experienced, smart and reliable” and a “real problem solver.” As one interviewee noted, he is “hugely determined to accommodate all of our needs.” And US Legal 500 recognizes Larry’s contribution to Proskauer’s premier reputation, reporting that he is “extremely knowledgeable, smart and savvy.” A lawyer’s lawyer, Larry serves as employment counsel to several of the nation’s most prominent law firms. He headed the firm’s Law Firm Practice Group for many years.

Larry has practiced before the U.S. Supreme Court and numerous trial and appellate-level courts throughout the country.

Larry has been an adjunct professor at Benjamin N. Cardozo School of Law, where he taught litigation and advocacy. He has been a commentator for Court TV, CNN, CNBC and CBS News. He is the principal author of Employment Law, 2d (Vol. 18, New Jersey Practice Series).