Gender and Race Intersectionality in Equal Pay Cases in NJ

When we talk about equal pay in the workplace, it's not just about comparing what one man and one woman earn. It's even more complicated when we consider how gender and race intersect to affect what people are paid for the same work.

In New Jersey, like in many other states, there are laws in place to protect employees from being paid unfairly based on their gender or race. But what happens when someone faces both? That's where intersectionality comes in — and it matters deeply in the fight for pay equity.

This blog explores how gender and race intersect in equal pay violation cases in New Jersey, what the law says, and what workers should know if they suspect wage discrimination.

What Is Intersectionality — and Why Does It Matter?

Coined by legal scholar Kimberlé Crenshaw, intersectionality is the idea that people can face multiple, overlapping forms of discrimination. For example, a Black woman may experience discrimination differently than a white woman or a Black man — because she faces both gender and racial bias at the same time.

In pay discrimination cases, this concept is crucial. An employee who is underpaid might not be experiencing sexism or racism — they could be experiencing both, compounded.

Intersectional bias can show up in various ways:

• Women of color being paid less than white women and white men for the same job.
• Fewer promotions and bonuses awarded to Black or Latina women.
• Asian women being stereotyped into certain roles and paid less, despite equal qualifications.
• Employers using “neutral” policies that disproportionately impact women of color.

Understanding how these biases interact is the first step in spotting unequal pay based on intersectional identity.

The Law on Equal Pay in New Jersey

New Jersey has some of the strongest equal pay protections in the country, thanks to the Diane B. Allen Equal Pay Act, which took effect in 2018. This law amended the New Jersey Law Against Discrimination (NJLAD) and strengthened protections for workers facing pay discrimination.

Key Protections Under the Diane B. Allen Equal Pay Act:

1. Equal pay for substantially similar work Employers must pay employees the same wage rate for work that is “substantially similar,” even if the job titles are different.
2. Covers all protected classes — not just gender Unlike the federal Equal Pay Act, New Jersey’s law covers discrimination based on race, gender, age, sexual orientation, disability, and other characteristics protected under NJLAD.
3. Multiple protected categories This is where intersectionality becomes important. If you're discriminated against because you're both a woman and a person of color, you're protected on both fronts.
4. No retaliation Employers cannot retaliate against employees who ask about pay, file a complaint, or assist in an investigation.
5. Back pay and damages Victims of pay discrimination can recover up to six years of back pay and treble (triple) damages if discrimination is proven.

Realities of the Wage Gap in New Jersey

Back in 2018, the pay gap in New Jersey was still a major concern. Wage gaps show how intersectional discrimination plays out in real numbers:

• White women earn approximately 81 cents for every dollar paid to white men.
• Black women in New Jersey earn 80 cents per dollar compared to white women.
• Latina women earn only 62 cents per dollar white men earned.

These numbers reflect missed opportunities, reduced lifetime earnings, and economic inequality that carries into retirement, housing, and healthcare. Unequal bonuses can be part of the discrimination. When bonus pay isn’t distributed fairly, it raises serious questions about discrimination and bias in the workplace.

What “Substantially Similar Work” Really Means

Under the Diane B. Allen Equal Pay Act, you don’t need to have the exact same job title as your comparator to file a claim. What matters is whether the work is substantially similar in terms of:

• Skill
• Effort
• Responsibility
• Working conditions

So if you're doing the same work as your colleagues but are paid less — that may raise a red flag, if you belong to a protected group such as women of color.

Employers can only justify pay differences if they are based on legitimate business reasons such as:

• Seniority system
• Merit system
• Quantity or quality of production
• Other bona fide factors (but not based on bias or assumptions)

These defenses must be applied fairly and consistently. Spotting pay discrimination when job titles are the same can point to a deeper legal issue worth investigating. 

Common Excuses Employers Give and Why They May Not Hold Up

Workers who raise concerns about unequal pay are often met with explanations that sound reasonable on the surface. But not all of them are legally valid — especially if they mask discrimination.

Here are some common employer excuses justifying unequal pay and how they fall short:

• “She didn’t negotiate her salary.” If negotiation norms disadvantage women of color, that’s a systemic problem — not a valid excuse under NJ law.
• “We base pay on previous salary.” New Jersey law prohibits employers from asking about salary history, and using prior wages to justify a pay gap can reinforce discrimination.
• “He has better leadership potential.” Subjective assessments can be biased. Employers must show objective, measurable reasons for pay differences.
• “They took maternity leave.” Penalizing someone for taking protected leave under the law (like family or medical leave) is illegal.

Always be cautious when you hear vague or inconsistent justifications. They may be signs of discrimination in disguise.

What to Do if You Suspect Intersectional Pay Discrimination

If you believe you’re being underpaid due to your race and gender, you don’t have to stay silent. Here’s how you can take action in New Jersey:

1. Keep Records

• Track your job duties, responsibilities, and any salary conversations.
• Document the salaries, titles, and responsibilities of coworkers for comparison.
• Save emails, evaluations, or communications related to your performance or compensation.

2. Talk to HR or Your Supervisor

• Raise the concern professionally and ask for clarification.
• Keep a written record of all communications.

3. Do a Pay Audit

• Consider comparing salaries using online resources or internal pay data if available.
• Talk to trusted coworkers — New Jersey law protects your right to discuss salaries.

4. File a Complaint

• You can file a complaint with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC).
• You may also have the right to sue directly under NJLAD.

5. Contact an Employment Lawyer

• An equal pay act lawyer in New Jersey can help you understand your rights and determine whether you have a case.
• Legal counsel can help you to understand pay transparency laws you should know, assist with gathering evidence, negotiating with your employer, or filing a lawsuit if needed.

Equity Requires Attention to All Factors

Equal pay is about both gender and race — and how they intersect. Intersectional wage discrimination in NJ shaped by overlapping systems of bias. These disparities don’t disappear in remote work settings: working from home can sometimes make pay gaps harder to spot or easier to justify. Recognizing intersectionality helps reveal the full picture and ensures that the law addresses inequality wherever it occurs — in the office or online.

New Jersey has the tools in place. The Diane B. Allen Equal Pay Act is among the most progressive in the country. But those tools only work when employees understand their rights and take steps to hold employers accountable.

Contact Us for Legal Advice and a Free Consultation

If you believe you're being underpaid because of your gender, race, or both — you may have a legal claim under New Jersey’s Equal Pay Act. An equal pay act attorney in New Jersey can help employees like you fight back against wage discrimination.

Contact us today for a free and confidential consultation. You deserve to be paid fairly for the work you do.