Articles Posted in Sex Discrimination

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The United States Supreme Court has ruled against a gay couple in favor of a Colorado baker who refused to bake a wedding cake for their wedding in the case Masterpiece Cakeshop v. Colorado Civil Rights Commission.  But lest people think that the Supreme Court was ruling on whether a business can refuse to provide goods or services to an individual based upon their sexual orientation, or based on religious objections, it was not.  That decision will surely have its day.

The Supreme Court ‘s ruling was limited to the actions of the Colorado Civil Rights Commission in which it ruled against baker Jack Phillips. This case was brought by same sex couple, Charlie Craig and David Mullins, who had gone to the suburban Denver Colorado Masterpiece Cakeshop to order a custom wedding cake for their upcoming wedding.   Baker Jack Phillips told the couple he would not create a cake for their same sex wedding because of his religious belief but told the couple that they could purchase pre-made products.   According to Mr. Phillips, baking a custom-made cake for a same sex couple interfered with his Christian beliefs.

The couple complained to the Colorado Commission in 2012 arguing that the baker had violated public accommodation law by discriminating against them on the basis of their sexual orientation under the Colorado Anti-Discrimination Act.  The Colorado Anti-Discrimination Act prohibits discrimination on the basis of an individual’s sexual orientation discrimination in a place of business engaged in any sales to the public and any place offering services to the public.  After holding formal hearings, the state administrative law judge rejected the baker’s First Amendment claim that it was a violation of his right to the free exercise of religion. Mr. Phillips felt that he would be compelled to create a cake that would require him to utilize his artistic talents to express a message that he disagreed with, on the basis of his religion.  The Commission and the Colorado Court of Appeals affirmed the decision.

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The New Jersey Legislature passed legislation this week that mandates equal pay to all New Jersey employees and penalizes New Jersey employers who discriminate against women and other protected classes in their paychecks. The bill has now been sent to Governor Murphy, who has made clear that he will imminently sign the bill into law.

The bill, entitled the Diane B. Allen Equal Pay Act, is named after state senator Diane B. Allen who left her broadcasting job in 1994 after filing gender and age discrimination complaints with the Equal Opportunity Employment Commission.   The New Jersey Equal Pay Act will modify the New Jersey Law Against Discrimination by strengthening the protections already provided by the current anti-discrimination law against employment discrimination by making it unlawful to discriminate against employees in their compensation.

Specifically, the New Jersey Equal Pay Act makes it an unlawful for an employer to pay a rate of compensation and benefits to employees of a protected class which is less than the rate paid to employees not in the same class for substantially the same work. Protected classes include such traits as sex, race, ethnicity, military status or national origin of the employee.  Once it is signed into law, the New Jersey Equal Pay Act will prohibit an employer from reducing the rate of compensation of any employee to comply with the new law.  This means that an employer who has been and continues to be in violation of the law cannot then decrease the compensation of any employee to the compensation of another employee who is being discriminated against in their compensation.