Bill Text: NY S06436 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to equal pay for similar work protections for protected classes.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2019-06-20 - returned to senate [S06436 Detail]

Download: New_York-2019-S06436-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 11, 2019

        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules

        AN ACT to amend the civil service law, in  relation  to  equal  pay  for
          similar work protections for protected classes

          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 to
     3  read as follows:
     4    (c) The principle of fair and equal pay for similar work  or  substan-
     5  tially  similar  work,  when viewed as a composite of skill, effort, and
     6  responsibility, and performed  under  similar  working  conditions,  and
     7  without  discrimination  based on status within a protected class, shall
     8  be followed in the classification and  reclassification  and  the  allo-
     9  cation  and  reallocation  of positions pursuant to this article and all
    10  positions having the same, or  substantially  similar,  title  shall  be
    11  allocated  to  the  same salary grade. For the purposes of this section,
    12  the term "protected class" includes age, race,  creed,  color,  national
    13  origin,  sexual  orientation,  gender  identity  or expression, military
    14  status, sex, disability, predisposing genetic characteristics,  familial
    15  status,  marital  status,  or  domestic  violence victim status, and any
    16  employee protected from discrimination pursuant to paragraphs  (a),  (b)
    17  and  (c)  of  subdivision  one  of section two hundred ninety-six of the
    18  executive law, and any intern protected from discrimination pursuant  to
    19  section two hundred ninety-six-c of the executive law.
    20    §  2. Subdivision 2 of section 118 of the civil service law is amended
    21  by adding a new paragraph (c) to read as follows:
    22    (c) To ensure  that  no  employee  with  status  within  one  or  more
    23  protected  class or classes shall be paid a wage at a rate less than the
    24  rate at which an employee without status within the same protected class
    25  or classes in the  same  establishment  is  paid  for  similar  work  or

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

        S. 6436                             2

     1  substantially  similar work. For the purposes of this paragraph, employ-
     2  ees shall be deemed to work in the same establishment if  the  employees
     3  work  for  the same employer at workplaces located in the same geograph-
     4  ical  region,  no  larger  than a county, taking into account population
     5  distribution, economic activity, and/or the presence of municipalities.
     6    § 3. This act shall take effect immediately.