What Is The Period During Which Back-pay Can Be Recovered Under The Law Against Discrimination?

By Author: Samuel D. Bornstein
Total Articles: 6
Comment this article

If you have been received unequal wages as a result of a discriminatory decision in violation of the New Jersey Law Against Discrimination (LAD), this may interest you.

The New Jersey Legislature passed the LAD to protect employees from discriminatory conduct in the workplace. The LAD requires that suit be brought within two years of the date that a worker suffers illegal discrimination.

In Alexander v. Seton Hall University, the Supreme Court reviewed a decision where three plaintiff professors claimed they received unequal wages in comparison to younger and/or male employees. The alleged decision to discriminate was made more than two years before suit was filed. However, the unequal wages were still being paid at the time the suit was filed.

The trial court dismissed the claim as untimely because the discriminatory decision was formed more than two years before the suit was filed. The Appellate Division affirmed. ...
... The Supreme Court granted certification.

YOU BE THE JUDGE: If a decision to pay unequal wages in violation of the LAD is made more than two years before suit is filed, can a plaintiff have relief under the LAD?

The Supreme Court reversed. It reinstated that portion of the Complaint which sought damages for unequal wages paid during the two year period preceding the filing of the Complaint. It reasoned that each payment of discriminatory wages constituted an actionable wrong which was remediable under the LAD.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Wayne, Hackensack, Carteret, Freehold, West Orange, West New York, Paterson, Morristown, Pequannock, Butler, Newark and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.

The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm's highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.

About The Author:

Author, Samuel D. Bornstein, is associated with the law firm (and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment.