New Jersey Law Now Requires Employers to Post and Notify Employees of Gender Equity Laws

by Littler

New Jersey employers now have important new compliance responsibilities related to the 2012 amendments to the New Jersey Equal Pay Act.  Effective January 6, 2014, employers must provide notice to employees of their right to be free from gender discrimination in the workplace, including inequity or bias in pay, compensation, benefits or other terms and conditions of employment under existing federal and state laws.  The Department of Labor and Workforce Development (LWD) published the required notice and related regulations in the New Jersey Register. 

Employers in New Jersey with 50 or more employees (including employees that work inside or outside of New Jersey) are now required to post the notice distributed by the LWD in a conspicuous, accessible location in each of its New Jersey workplaces.  The notice details the “right to be free of gender inequity or bias in pay, compensation, benefits, or other terms and conditions of employment” under the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act of 1964, and the Equal Pay Act of 1963.  The notice is available as part of the Employer Poster Packet on the Department of Labor and Workforce Development (LWD) website.1   

Covered employers must post both English and Spanish versions of the notice.  If an employer reasonably believes that the first language of 10% or more of its workforce is other than English or Spanish, the employer is required to provide notice in that language also, provided that such notice is available through the LWD.

The law includes the following additional notification requirements:

  • By February 5, 2014, covered employers must provide each employee with a written copy of the notice.
  • For workers hired after January 6, 2014, covered employers must provide a written copy of the notice upon hiring.
  • Covered employers must provide all employees with a written copy of the notice each year on or before December 31.
  • Covered employees must provide any employee who requests it with a written copy of the notice.

Employers may use any of the following delivery methods when providing a written copy of the notice:

  • E-mail;
  • Print, including, for example, a pay check insert, an information packet provided to new hires, an attachment to an employee manual or handbook, or a flyer distributed at an employee meeting; or
  • Through the internet or intranet website if the site is for the exclusive use of all employees, can be accessed by all employees, and the employer provides notice to the employees of its posting.

Finally, along with the written copy of the notice, the employer must also provide an acknowledgement that the employee received the notice and has read and understood its terms.  The employee must sign the acknowledgement, in print or electronically, and return it to the employer within 30 days of his or her receipt.

There is no record retention duration for the acknowledgements set forth in the statute or any corresponding regulations.2  Accordingly, as a best practice, a covered employer should retain the signed acknowledgement for an employee’s entire employment and for at least two years subsequent to the cessation of the employee’s employment, which is the time period that an employee could bring a claim for discrimination in wages under New Jersey’s Law Against Discrimination (LAD) and/or the Lilly Ledbetter Act.3  Under the two-year statute of limitations for a LAD claim, a plaintiff may recover damages for alleged discriminatory wages paid within two years of the filing of the discrimination claim – even if the discriminatory decision occurred prior to the limitations period.  

Neither the statute nor the corresponding regulations set forth the legal consequences for an employer who fails to obtain and/or retain the acknowledgements.4


2 See N.J.A.C. §§ 12:2-2.1 to 12:2-2.4.

3 See Alexander v. Seton Hall University, 410 N.J. Super. 574 (2009).

4 See N.J.A.C. §§ 12:2-2.1 to 12:2-2.4.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Littler | Attorney Advertising

Written by:


Littler on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.