Bill Text: NY S00838 | 2019-2020 | General Assembly | Amended


Bill Title: Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S00838 Detail]

Download: New_York-2019-S00838-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         838--A
            Cal. No. 281

                               2019-2020 Regular Sessions

                    IN SENATE

                                     January 9, 2019
                                       ___________

        Introduced  by  Sens.  MONTGOMERY, LIU, THOMAS -- read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Civil
          Service  and  Pensions  --  reported favorably from said committee and
          committed to the Committee on Finance -- reported favorably from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading

        AN  ACT  to  amend  the civil service law, in relation to implementing a
          state policy of setting salaries on the basis of equivalent  value  of
          work

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraph (c) of subdivision 1 of section 118 of the civil
     2  service law, as added by chapter 790 of the laws of 1958, is amended and
     3  three new paragraphs (d), (e) and (f) are added to read as follows:
     4    (c) The principle of fair and equal  pay  for  similar  work  and  for
     5  equivalent  value  of  work  shall be followed in the classification and
     6  reclassification and the allocation and reallocation of positions pursu-
     7  ant to this article and all positions having the  same  title  shall  be
     8  allocated to the same salary grade.  Equivalent value of work shall mean
     9  titles  or  position classifications that are equal based on an examina-
    10  tion of the qualifications for and the nature and purpose of  the  work,
    11  organization, and supervisory relationships and basic duties and respon-
    12  sibilities,  or  titles  or position classifications that are dissimilar
    13  but whose requirements are equivalent, based on an  examination  of  job
    14  qualifications,  kind of work performed, the level of responsibility for
    15  that work, the skills utilized, the  effort  required  and  the  working
    16  conditions.  The principle of fair and equal pay for equivalent value of
    17  work requires that consideration of sex, race or national  origin  shall
    18  not influence directly or indirectly the establishment of compensation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03288-02-9

        S. 838--A                           2

     1    (d) It shall not be an unlawful employment practice for an employer to
     2  pay  different  compensation  to employees, where such payments are made
     3  pursuant to:
     4    (1) a bona fide seniority or merit system;
     5    (2)  a  bona fide system that measures earnings by quantity or quality
     6  of production;
     7    (3) a bona fide system based on geographic differentials;
     8    (4) any other bona fide  factor  other  than  sex,  race  or  national
     9  origin,  such  as  education,  training, or experience. Such factor: (A)
    10  shall not be based upon or derived from a sex, race, or national  origin
    11  based  differential  in  compensation  and (B) shall be job-related with
    12  respect to the position in question and shall be consistent  with  busi-
    13  ness necessity. Such exception under this paragraph shall not apply when
    14  the employee demonstrates (i) that an employer uses a particular employ-
    15  ment  practice that causes a disparate impact on the basis of sex, race,
    16  or national origin, (ii) that an alternative employment practice  exists
    17  that would serve the same purpose and not produce such differential, and
    18  (iii) that the employer has refused to adopt such alternative practice.
    19    (e)  For  the  purpose of paragraph (d) of this subdivision, "business
    20  necessity" shall be defined as a factor that bears a manifest  relation-
    21  ship to the employment in question.
    22    (f)  Nothing  set  forth in this section shall be construed to impede,
    23  infringe or diminish the rights and benefits which accrue  to  employees
    24  through  collective  bargaining  agreements,  or  otherwise diminish the
    25  integrity of the existing collective bargaining relationship.
    26    § 2. This act shall take effect immediately.
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