S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   903

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. BOYLAND,
  JAFFEE,  RA,  RIVERA  --  read  once  and referred to the Committee on
  Governmental Employees

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 115 of the civil service law, as added by chapter
790 of the laws of 1958, is amended to read as follows:
  S 115.  Policy of the state. IT IS THE POLICY OF  NEW  YORK  STATE  TO
COMPLY  WITH  THE  LETTER  AND  SPIRIT  OF THE FEDERAL "EQUAL PAY ACT OF
1963," PUB. L. 88-38 (29 U.S.C. S 206) WHICH REQUIRES THAT EMPLOYEES  OF
BOTH  SEXES  RECEIVE EQUAL PAY FOR EQUAL WORK, THE FEDERAL "CIVIL RIGHTS
ACT OF 1964," PUB. L.   88-352 (42 U.S.C.  S  2000E-2)  WHICH  PROHIBITS
DISCRIMINATION  ON  THE  BASIS  OF SEX, RACE, AND NATIONAL ORIGIN IN ALL
TERMS OF EMPLOYMENT, SECTION FORTY-C OF  THE  CIVIL  RIGHTS  LAW,  WHICH
PROHIBITS  DISCRIMINATION  ON  THE BASIS OF RACE, CREED, COLOR, NATIONAL
ORIGIN, SEX, SEXUAL ORIENTATION OR MARITAL STATUS AND ARTICLE FIFTEEN OF
THE EXECUTIVE LAW, WHICH PROHIBITS DISCRIMINATION ON THE BASIS  OF  SEX,
RACE,  SEXUAL ORIENTATION OR NATIONAL ORIGIN IN ALL TERMS OF EMPLOYMENT.
CONSISTENT WITH THESE LAWS, IT IS THE POLICY OF THE STATE  TO  ENSURE  A
FAIR,  NON-BIASED  WAGE  STRUCTURE FOR ITS EMPLOYEES IN WHICH SEX, RACE,
SEXUAL ORIENTATION OR NATIONAL ORIGIN  IS  NOT  A  CONSIDERATION  EITHER
DIRECTLY  OR  INDIRECTLY  IN  DETERMINING  THE PROPER COMPENSATION FOR A
TITLE IN STATE SERVICE, NOR IN DETERMINING THE PAY FOR ANY INDIVIDUAL OR
GROUP OF EMPLOYEES.  In order to attract unusual merit  and  ability  to
the  service  of  the  state of New York, to stimulate higher efficiency
among the personnel, to provide  skilled  leadership  in  administrative
departments, to reward merit and to insure to the people and the taxpay-

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

                                                           LBD02930-01-3

A. 903                              2

ers  of  the  state  of  New York the highest return in services for the
necessary costs of government, it is [hereby declared to be] the  policy
of  the state to provide equal pay for [equal] SIMILAR work AND FOR WORK
OF  COMPARABLE  VALUE, and regular increases in pay in proper proportion
to increase of ability, increase of output and increase  of  quality  of
work demonstrated in service.
  S  2.  Paragraph  (c)  of  subdivision  1  of section 118 of the civil
service law, as added by chapter 790 of the laws of 1958, is amended  to
read as follows:
  (c)  The principle of fair and equal pay for similar work AND FOR WORK
OF COMPARABLE VALUE shall be followed in the classification and  reclas-
sification  and the allocation and reallocation of positions pursuant to
this article and all positions having the same title shall be  allocated
to  the  same  salary  grade.  COMPARABLE  VALUE  SHALL BE DETERMINED BY
COMPARING JOB TITLES ON THE BASIS OF STANDARDS WHICH INCLUDE THE COMPOS-
ITE OF SUCH BASIC ELEMENTS OF A JOB AS THE KNOWLEDGE,  SKILLS,  ACCOUNT-
ABILITY, MENTAL OR PHYSICAL STRESS AND EFFORT, EXTRAORDINARY DANGERS AND
RESPONSIBILITIES  NORMALLY  REQUIRED  TO SATISFACTORILY PERFORM THE JOB.
THE PRINCIPLE OF FAIR  AND  EQUAL  PAY  FOR  WORK  OF  COMPARABLE  VALUE
REQUIRES THAT CONSIDERATION OF SEX, RACE, SEXUAL ORIENTATION OR NATIONAL
ORIGIN  SHALL  NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF
SALARIES.
  S 3. The civil service law is amended by adding a new section  119  to
read as follows:
  S  119. COMPARABILITY OF VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED
AND ADJUSTED. 1. THE LEGISLATURE FINDS THAT DESPITE THE  POLICY  OF  NEW
YORK  STATE  AS DECLARED IN SECTION ONE HUNDRED FIFTEEN OF THIS ARTICLE,
JOB TITLES WHICH ARE SEGREGATED BY SEX, RACE,  OR  NATIONAL  ORIGIN  MAY
HAVE  BEEN UNDERVALUED AND ASSIGNED WAGES WHICH DO NOT REFLECT THE RELA-
TIVE WORTH OF THE JOB. IT IS THE INTENT OF  THE  LEGISLATURE  TO  REMEDY
SUCH UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
  2.  FOR PURPOSES OF THIS SECTION SEGREGATED TITLES (X) MEANS TITLES OR
ANY CLASS OF TITLES IN WHICH THE NUMBER OF INCUMBENTS OF A SEX, RACE  OR
NATIONAL  ORIGIN  IS GREATER THAN THE SUM OF THE PERCENTAGE OF THAT SEX,
RACE OR NATIONAL ORIGIN IN THE STATE SERVICE (P) PLUS TWENTY PERCENT  OF
THAT  PERCENTAGE  (.2(P)).  THIS  IS REPRESENTED BY THE FORMULA (X = P +
.2(P)).
  3. THE PRESIDENT OF THE COMMISSION SHALL, BY  JANUARY  FIRST  OF  EACH
YEAR,  SUBMIT  TO  THE LEGISLATURE AND THE GOVERNOR'S OFFICE OF EMPLOYEE
RELATIONS,   A   LIST   SHOWING,   BY   NEGOTIATING   UNIT    AND    FOR
MANAGEMENT/CONFIDENTIAL  EMPLOYEES,  THOSE SEGREGATED TITLES FOR WHICH A
DISPARITY EXISTS BASED ON THE COMPARABILITY OF THE VALUE  OF  THE  WORK.
SUCH  PRESIDENT  SHALL  ALSO  SUBMIT  TO THE LEGISLATURE, THE GOVERNOR'S
OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF THE BUDGET  ALONG  WITH
THE  LIST,  AN  ESTIMATE  OF THE APPROPRIATION NECESSARY TO CORRECT SUCH
DISPARITIES.
  4. BEGINNING WITH THE BUDGET  REQUESTS  FOR  THE  SECOND  FISCAL  YEAR
COMMENCING  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
INCLUDE THE APPROPRIATION NECESSARY TO ENSURE THAT SALARIES ARE  SET  IN
ACCORDANCE  WITH SUBDIVISION ONE OF THIS SECTION AND SECTION ONE HUNDRED
FIFTEEN, AND PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  ONE  HUNDRED
EIGHTEEN OF THIS ARTICLE.
  5. NO SALARY SHALL BE REDUCED TO ACHIEVE COMPARABLE COMPENSATION UNDER
THE PROVISIONS OF THIS SECTION.
  S 4. This act shall take effect immediately.