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CornDog
11-19-2007, 11:14 AM
The State of NJ recently negotiated a contract with state employees that calls for a flat 1.5% of salary to pay for health benefits. This arrangement results in two employees in identical positions being compensated differently based upon whether they have a family or not. It would seem that this is a form of pay discrimination. The private sector typically gives employees a "cafeteria" style benefits package where the employee pays according to the cost of the chosen package. Can you comment on this?

Thanks!
Eagle
11-19-2007, 03:51 PM
If you are in a union and the union bargained for the deal on behalf of its members then you probably don't have a cause of action against the state of New Jersey. If a Union was not involved then you may (although it is a long shot) have a cause of action under the New Jersey Law Againt Discrimination which prohibits unequal treatment based on "familial status". And arguably here you are treated different with respect to pay based on whether or not you have a family.

If you are in a Union then I would bring this issue up with a union rep. See what they have to say. You may have a cause of action against the union for agreeing to a deal that would treat its members differently based on familial status.
CornDog
11-20-2007, 02:27 PM
Thanks, that seems logical. What type of attorney should I approach for this? Suggestions?
Eagle
11-20-2007, 04:41 PM
Contact the New Jersey Division of Civil Rights at 973-648-2700. You can file a complaint with them and they will prosecute the claim for you if they find it has merit. It won't cost you anything.
CornDog
11-21-2007, 12:39 PM
Thanks! I'll check into it and post the results.
CornDog
11-28-2007, 12:10 PM
Update: The New Jersey Division of Civil Rights was not interested in this type of case. We are going to try calling again as sometimes the person who answers the phone is a dud. If we get a different response, I'll post it here. Other than this, are there any other resources out there aside from private attorneys?

Thanks again.
Eagle
11-29-2007, 01:42 AM
yes, try to get someone different at the Division of Civil Rights. It is their job to look into the matter. Sometimes you have to be pushy with these people as they tend to be on the lazy side. If you don't get any results then you will have to shop the case around to a private lawyer and there are no guarantess there.