Bill Text: NY S06942 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-04-17 - SIGNED CHAP.46 [S06942 Detail]

Download: New_York-2019-S06942-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6942

                    IN SENATE

                                     January 6, 2020
                                       ___________

        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  amended by a chapter of the laws of 2019 amending the
     3  civil service law relating to equal pay for similar work protections for
     4  protected classes, as proposed in legislative bills numbers S. 6436  and
     5  A. 7748-A, is amended to read as follows:
     6    (c)  The  principle of fair and equal pay for similar work or substan-
     7  tially similar work, when viewed as a composite of  skill,  effort,  and
     8  responsibility,  and  performed  under  similar  working conditions, and
     9  without discrimination based on status within a protected  class,  shall
    10  be  followed  in  the  classification and reclassification and the allo-
    11  cation and reallocation of positions pursuant to this  article  and  all
    12  positions  having  the  same[, or substantially similar,] title shall be
    13  allocated to the same salary grade. For the purposes  of  this  section,
    14  the  term  "protected  class" includes age, race, creed, color, national
    15  origin, sexual orientation,  gender  identity  or  expression,  military
    16  status,  sex, disability, predisposing genetic characteristics, familial
    17  status, marital status, or domestic  violence  victim  status,  and  any
    18  employee  protected  from discrimination pursuant to paragraphs (a), (b)
    19  and (c) of subdivision one of section  two  hundred  ninety-six  of  the
    20  executive  law, and any intern protected from discrimination pursuant to
    21  section two hundred ninety-six-c of the executive law.
    22    § 2. Paragraph (c) of subdivision  2  of  section  118  of  the  civil
    23  service  law,  as  added  by  a chapter of the laws of 2019 amending the
    24  civil service law relating to equal pay for similar work protections for
    25  protected classes, as proposed in legislative bills numbers S. 6436  and
    26  A.  7748-A, is amended to read as follows:
    27    (c)  To  ensure  that  no  employee  with  status  within  one or more
    28  protected class or classes shall be paid a wage at a rate less than  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11922-05-0
        S. 6942                             2

     1  rate at which an employee without status within the same protected class
     2  or  classes in the same title and same establishment is paid for similar
     3  work or substantially similar work. For the purposes of this  paragraph,
     4  employees  shall  be  deemed  to  work  in the same establishment if the
     5  employees work for the same employer at workplaces located in  the  same
     6  geographical  region, no larger than a county, taking into account popu-
     7  lation distribution, economic activity, and/or the presence  of  munici-
     8  palities.
     9    §  3.  This  act  shall  take  effect on the same date and in the same
    10  manner as a chapter of the laws of 2019 amending the civil  service  law
    11  relating  to equal pay for similar work protections for protected class-
    12  es, as proposed in legislative bills numbers  S.  6436  and  A.  7748-A,
    13  takes effect.