NJ Labor And Employment Law

The New Jersey Labor and Employment Law Blog is authored by Jay S. Becker and Joseph C. DeBlasio, shareholders in the Labor and Employment Law Practice Group, with support from the associates in the Group. It is dedicated to provide news and updates regarding all labor and employment matters throughout New Jersey.

"'Alexander v. Seton Hall University': Refusal To Depart From Precedent Aligns The New Jersey Law Against Discrimination With The Lilly Ledbetter Fair Pay Act Of 2009"

March 21, 2011 | No Comments
Posted by Jay S. Becker

In a departure from United States Supreme Court precedent, the New Jersey Supreme Court recently ruled that each paycheck resulting from a prior discriminatory pay decision constitutes an actionable act of discrimination under the New Jersey Law Against Discrimination (LAD). The continuing violation doctrine, however, is not applicable to disparate pay discrimination claims under the LAD.

In Alexander v. Seton Hall University, et al., three female tenured professors at Seton Hall University (SHU), claimed they were paid less than younger and/or male employees, in violation of the LAD. The plaintiffs alleged they did not discover the basis for an actionable unequal wage LAD claim until 2005, when they obtained a copy of an internal 2004–2005 SHU annual report that detailed the salaries of its full-time faculty members by college, gender, rank and salary. Their complaint sought damages back to their dates of initial hire 29, 25 and 20 years ago, respectively.

To read the full article, click here.


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