How to Compare “Substantially Similar” Jobs for Equal Pay Claims in NJ

You might not have the same title as your better-paid coworker. Maybe they are “Senior” and you are not, or their department name sounds fancier. But day to day, you notice something: you seem to be doing almost the same work, or sometimes even more, for noticeably less money.

In the Garden State, that feeling is not something you have to ignore. Thanks to the strict legal framework, employers cannot pay workers in protected groups less than others for “substantially similar” work when you look at the skill, effort, and responsibility involved.

But how do you compare in real life, when titles, departments, and locations are all over the map?

This post explains how the state’s wage rules operate, what “similar” means in real-world terms, how to compare jobs across your workplace, and when it might be time to consult an equal pay act lawyer in New Jersey if you suspect you’re being paid unfairly.

New Jersey’s Diane B. Allen Equal Pay Act: The Definitions Of Substantially Similar Work

When it comes to pay equity, New Jersey has one of the strongest legal frameworks in the nation: thanks to the Diane B. Allen Equal Pay Act. This landmark law, which significantly strengthens the New Jersey Law Against Discrimination (NJLAD), gives employees powerful tools to challenge unfair practices and pushes workplaces toward greater pay transparency.

The Act makes it illegal for an employer to pay a worker who belongs to a protected class less than others outside that class when they perform substantially similar work: meaning work that, when viewed as a whole, requires comparable skill, effort, and responsibility.

NJLAD defines protected classes broadly. These include sex, gender identity or expression, race, national origin, age, disability, religion, pregnancy, marital status, sexual orientation, military status, and several others. The law ensures that employees in these categories cannot be paid less for doing fundamentally the same work, and evaluates the actual duties performed: not the job title, department, or how the employer chooses to categorize the role.

This means an employer cannot escape liability by labeling one role “temporary,” “part-time,” or “contract,” then paying that worker less if the core duties are substantially similar to those of a higher-paid employee. Paying temporary employees less for the same work can violate the law if the difference cannot be justified by legitimate, non-discriminatory factors.

The burden is always on the employer to show that any wage gap — for the full-time or temporary staff, and across job titles — is rooted in a valid, non-discriminatory reason.

New Jersey’s protections also apply to the entire compensation package, not only your salary or hourly wage. State guidance makes clear that compensation includes every form of financial or tangible benefit tied to your job, such as:

• Wages and salary
• Bonuses and commissions
• Overtime rate and shift differentials
• Stock options or other equity
• Paid holidays and paid time off
• Health, dental, vision, and life insurance
• Retirement contributions and benefits

In other words, when you assess if two roles are “substantially similar,” you must look at the full compensation picture — not only the check itself. A full-picture comparison is essential, and an experienced equal pay act attorney in New Jersey can help you understand how the law applies to your situation.

Why TItles Aren’t A Valid Legal Defence For Substantially Similar Work Under NJ Law

Figuring out if two jobs are “substantially similar” requires digging beneath surface-level labels. Employers often use different titles for roles that are, in practice, extremely close in function. What matters under the law is the content of the work, not the name of the role.

Think of two employees in a restaurant: one is called a “Sous Chef,” the other a “Chef de Partie.” Their titles differ, but if both spend their day prepping ingredients, cooking on the line, and managing orders, their roles are generally comparable. The same applies in offices, warehouses, hospitals, and retail environments. This comparison requires stepping back and evaluating the jobs realistically. 

Although the statute does not define every detail, the New Jersey Division on Civil Rights has issued authoritative guidance that clarifies how the Act should be applied.

At its core, the standard is this: two employees perform substantially similar work when their roles, taken as a whole, require comparable levels of skill, effort, and responsibility — even if the specific tasks are not identical.

DCR emphasizes several important principles:

• Jobs do not need to be exactly the same to meet the standard.
• Small differences in duties or responsibilities do not defeat a claim if the overall demands of the jobs align.
• What matters is the actual work performed, not the job title or how the employer describes the role on paper.

DCR’s examples underscore how broad this analysis can be. In a school, janitors and cafeteria workers may be substantially similar because both roles involve heavy lifting and cleaning. Likewise, secretaries and executive assistants may qualify despite different titles and slightly different responsibilities.

The Core of the Work: Comparing Similar Jobs For Equal Pay Claim Under NJ Law

The strongest way to assess if the jobs are substantially similar is to examine the essential functions of each role. This means looking past job descriptions, which are often outdated or vague, and focusing on what actually happens day to day.

Start by making a clear, detailed list of your primary responsibilities. What do you spend most of your time doing? What tasks are critical to your role?

Then compare your real-world duties to the duties of the higher-paid colleague. You may not know everything they do, but you can make reasonable observations based on:

• Projects they lead
• Meetings they attend
• Tasks they routinely handle
• How their work overlaps with yours

For example, you may be titled “Customer Success Specialist” while your coworker is called a “Technical Support Engineer.” But if both of you spend the bulk of your day troubleshooting the same software, taking customer calls, and logging tickets, the core functions are closely aligned. Minor differences — like one of you conducting webinars and the other writing occasional code — may not outweigh the substantial overlap in everyday duties.

The law looks at the overall picture, not isolated tasks, to determine whether two positions are fundamentally comparable.

How To Compare Similar Jobs For Equal Pay Claim In NJ: Skill, Effort, And Requirements

A major part of determining if two roles are the same is comparing the skills and effort required for each job.

“Skill” refers to the qualifications needed to perform the job successfully — not how gifted each employee happens to be. This includes the level of education typically required, the amount of experience needed, any specialized training or certifications, and technical or language abilities.

Importantly, employers cannot rely on education requirements to justify wage gaps. A worker’s degree or academic background cannot serve as a blanket excuse for unequal compensation: any education must be genuinely necessary for the job, not a convenient explanation offered after the fact.

“Effort” measures the physical and mental exertion demanded by the job. This can include physical labor such as lifting or standing, the level of concentration or problem-solving involved, and the speed or intensity of the work environment, such as deadlines or quotas.

Responsibility is another critical factor in the comparison. Here, the focus is on accountability: what’s at stake if something goes wrong, how much autonomy each employee has, and if the role involves supervising others or managing key functions.

Working conditions may be also included in the analysis, particularly when employers try to justify wage gaps. Factors like hazardous duties, unusual shifts, or environmental challenges may matter, but employers must point to a genuine, job-related reason for any disparity. General statements about “market conditions” or location typically are not enough.

This includes situations where employees working part-time or full-time do the same work. An employer cannot pay part-time workers a lower hourly rate simply because of their schedule.

How to Raise Equal Pay Concerns Within Your Workplace

If you’re working in New Jersey and believe you’re being paid less than coworkers performing substantially similar work, you don’t need to jump straight to filing a complaint with a state or federal agency. Many employees choose to raise the issue internally first — and you can do that while fully protecting your legal rights.

New Jersey law shields workers from retaliation when they ask about pay, request compensation details, or speak with a lawyer about an equal-pay concern.

As you begin evaluating your situation, it can be helpful to review your offer letters, annual reviews, and any written compensation or pay-band policies your employer uses. You might also quietly gather general information about salary ranges, bonus structures, or any scaling for roles similar to yours.

At the same time, stay alert to subtle shifts that may signal retaliation. Some employers respond to questions by quietly altering an employee’s job title, cutting access to training or development opportunities, or requiring workers to attend unpaid mandatory meetings about culture, loyalty, or “team spirit”: meetings that function more as warnings not to speak up. These kinds of changes can be as unlawful as open discipline, even if they appear minor on the surface.

Some employees choose to raise the issue directly but professionally by having a documented conversation with HR or a manager. An example might be:

• “I’d like to better understand how my compensation was determined compared to others performing similar work, and how the company ensures compliance with the New Jersey Equal Pay Act.”

If you’re concerned about retaliation — such as reduced duties, exclusion from opportunities, or demotion — consulting an employment attorney before making an internal report is often the safest step.

Your Work Deserves Fair Pay

Realizing that someone doing similar work is being paid more than you can be both discouraging and infuriating. It can leave you feeling overlooked and undervalued. But New Jersey law recognizes that your work matters — and it gives you a strong set of tools to demand fair compensation. 

The idea of “substantially similar” work is at the heart of that protection. A polished or senior-sounding title does not automatically mean a harder job or greater responsibility.

If you have a sense that you and a coworker are essentially doing the same job for different pay, it is worth taking seriously. Your instincts may be right — and under New Jersey’s equal pay protections, the law is designed to be on your side.

Reach out for legal guidance so you can understand your rights and take the next step with confidence.