Bill Text: NY A07125 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Directs the department of civil service to study and publish a report evaluating public employers' wage disparities related to the job titles segregated by the gender and race/ethnicity identification of the employees in the title.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-12-12 - SIGNED CHAP.637 [A07125 Detail]

Download: New_York-2019-A07125-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7125
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 9, 2019
                                       ___________
        Introduced by M. of A. LIFTON -- read once and referred to the Committee
          on Governmental Employees
        AN ACT to amend chapter 403 of the laws of 2018, directing the president
          of the civil service commission to study and publish a report evaluat-
          ing  wage disparities among public employers, in relation to directing
          the department of civil service to study and publish such report
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Chapter 403 of the laws of 2018, directing the president of
     2  the  civil  service  commission to study and publish a report evaluating
     3  wage disparities among public employers, is amended to read as follows:
     4    Section 1. Policy of the state. It is the  policy  of  this  state  to
     5  pursue   the  establishment  of  equitable  compensation  [relationships
     6  between female-dominated, male-dominated, and other segregated] in civil
     7  service titles to eliminate wage disparities in public employment state-
     8  wide.  Compensation relationships are equitable when the primary consid-
     9  eration in negotiating, establishing, recommending, and approving  total
    10  wages  is  the equivalent value of the job title content in relationship
    11  to other job titles and position classifications in civil service.
    12    § 2. Definitions. For the purposes of this act,
    13    (a) the  term "public employer" shall [have the  same  meaning  as  in
    14  subdivision  six  of  section  201  of the civil service law] mean those
    15  employers with offices and positions in the classified  service  of  the
    16  state and its civil divisions;
    17    (b)  the term "position classification" shall have the same meaning as
    18  in subdivision [eleven] 11 of section [two] 2 of the civil service law;
    19    (c) the term "equal jobs" shall mean jobs that are equal  [within  the
    20  meaning  of  the  Equal  Pay  Act of 1963, 29 U.S.C. 206(d)] based on an
    21  examination of the qualifications for and the nature and purpose of  the
    22  work,  organization  and  supervisory relationships and basic duties and
    23  responsibilities;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11102-01-9
        A. 7125                             2
     1    (d) the term "equivalent jobs" shall mean jobs  or  occupations  [that
     2  are  equal  within  the  meaning of the Equal Pay Act of 1963, 29 U.S.C.
     3  206(d), or jobs or occupations] that are dissimilar but  whose  require-
     4  ments  are equivalent when viewed as a composite of the [skills, effort,
     5  responsibilities  and]  job  qualifications, kind of work performed, the
     6  level of responsibility for that work, the skills utilized,  the  effort
     7  required, and the working conditions required by the work;
     8    (e) the term "comparable worth" shall mean the equivalent value of two
     9  or  more  job  titles for the purpose of establishing equivalent compen-
    10  sation; [and]
    11    (f) the term "wages" and "wage rates" shall  [include  all]  mean  the
    12  compensation  in  any  form  that  an  employer provides to employees in
    13  payment for work done or services rendered[, including but  not  limited
    14  to  base  pay,  bonuses,  commissions, awards, tips, or various forms of
    15  non-monetary compensation if provided in lieu of or in addition to mone-
    16  tary compensation and that have economic value to an employee.] that  is
    17  reflected on line three of the Federal W-2 Wage and Tax Statement;
    18    (g)  the  term  "classified service" shall have the same meaning as in
    19  section 40 of the civil service law; and
    20    (h) the term "segregated job title or position  classification"  shall
    21  mean  any  title  or  classification  in  which  the total percentage of
    22  employees of a particular gender or race/ethnicity identification in the
    23  title is greater than the percentage of that  gender  or  race/ethnicity
    24  identification in the employ of the public employer.
    25    § 3. The [president of the state] department of civil service [commis-
    26  sion]  is hereby directed to study and publish a report evaluating among
    27  public employers the existence of wage disparities related  to  the  job
    28  titles  segregated  by  the  gender[,  race  and/or national origin] and
    29  race/ethnicity identification of the employees in the titles. The  study
    30  and report shall include, but not be limited to:
    31    (a)  [the  extent  of wage disparities among] identification of segre-
    32  gated job titles or position classifications of  equal  value  including
    33  the percentages used to make such identification;
    34    (b)  the  extent  of segregation of job titles or position classifica-
    35  tions by gender[, race and national origin] and race/ethnicity identifi-
    36  cation;
    37    (c) the identification of [segregated] civil  service  job  titles  or
    38  position classifications that are equivalent and of comparable worth;
    39    (d)  the  extent of wage disparities in [segregated] civil service job
    40  titles or position classifications that are equivalent and of comparable
    41  worth;
    42    (e) the need for adjustment of wage rates for equivalent job titles or
    43  position classifications to provide compensation  of  comparable  worth;
    44  and
    45    (f) [the plans for] recommendations for adjusting wage rates and other
    46  recommendations  to  address any wage disparities in both equal jobs and
    47  in [segregated] civil service job  titles  or  position  classifications
    48  that are equivalent and of comparable worth.
    49    §  4.  [Such study shall use methodologies, such as] The department of
    50  civil service shall determine the appropriate methodology for the study,
    51  which may include a systematic point factor job evaluation system[, that
    52  do]. The methodology shall not undervalue jobs or  position  classifica-
    53  tions   that  disproportionately  employ  women  and/or  [racial  and/or
    54  national origin] racial/ethnic minorities to analyze job title or  posi-
    55  tion classification content and equivalent value.
        A. 7125                             3
     1    §  5.  The [president of the] department of civil service [commission]
     2  shall use the [prescribed] selected methodology to  determine  if  there
     3  are  wage  disparities in [segregated] civil service titles based on the
     4  equivalent value of the work by gender or race/ethnicity. The [president
     5  of the] department of civil service [commission] shall [also, by January
     6  1,  2019,] submit the above described published report to the speaker of
     7  the assembly, the minority leader of the assembly, the temporary  presi-
     8  dent of the senate, the minority leader of the senate and the governor's
     9  office  of employee relations no later than three years after the effec-
    10  tive date of this act.
    11    § 6.  The office of information and technology services shall  provide
    12  assistance to the department of civil service for the conduct and analy-
    13  sis of the study required by this act.
    14    §  7.    Every  public  employer  as  defined herein shall provide all
    15  requested assistance to the president of the civil service commission in
    16  the conduct of the study required by this act. Upon the request  of  the
    17  department,  it shall be the duty of each public employer to provide the
    18  department of civil service the name of each appointee  or  employee  in
    19  the  classified  service,  the  title  and  character  of such office or
    20  employment, the wage rate, the gender and race/ethnicity information and
    21  any other related information so requested  to  conduct  the  study.  It
    22  shall  be the duty of each officer of the public employer to comply with
    23  and aid  in all proper ways in carrying into effect  the  provisions  of
    24  this  study. Each employee of a public employer shall be provided with a
    25  sufficient period of time during normal scheduled work,  not  to  exceed
    26  four  hours on an annual basis, to participate in this study to evaluate
    27  wage disparities among public employers.
    28    § 8. This act shall take effect immediately.
    29    § 2. This act shall take effect immediately and  shall  be  deemed  to
    30  have  been  in  full force and effect on and after the effective date of
    31  chapter 403 of the laws of 2018.