Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth; makes exception for seniority system; prohibits reducing anyone's compensation to conform with this provision; provides three years for a compliance plan.

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S1680-2011 Actions

• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Jan 11, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S1680-2011 Memo

BILL NUMBER:S1680

TITLE OF BILL:
An act
to amend the civil service
law, in relation to making it a discriminatory
practice for public employers
to compensate employees of different sexes differently for work
that is of comparable worth

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that public employees,
regardless of sex, working in positions of comparable worth are paid
equally.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* make the practice whereby employees in a particular position or
title are paid at a salary or rate lower than that which other
employees of the opposite sex in a comparable position or title are
compensated, an unlawful discriminatory practice;

* define comparable worth as measured by skill, effort and
responsibility normally required in the performance of work and
conditions under which work is normally performed;

* prohibit an employer from reducing the compensation of any employee
or position in order to comply with the provisions of this legislation;

* enable employers to implement the provisions of this bill by
instituting a plan that would lead to full compliance within three
years following enactment;

* not prohibit different compensation pursuant to a seniority system;
and

* not impede, infringe or diminish the rights and benefits contained
in a collective bargaining agreement or diminish the integrity of an
existing bargaining agreement.

JUSTIFICATION:
A recent public hearing held by a number of Assembly Committees
revealed troubling situations where women who were performing work
comparable to their male counterparts were paid substantially less in
salary. In particular, there was testimony that school nurses and
secretaries were paid less than maintenance and grounds keepers of
the same employer, although the required training, responsibilities
and skills of the nurses and secretaries surpassed that of the male
staff Discrimination based on stereotyped gender roles is

inappropriate. This legislation is needed to ensure that pay equity
in the public sector is achieved.

PRIOR LEGISLATIVE HISTORY:
First introduced in 1998 and has passed the Assembly every session
since then.In 2009, it was reported from the Senate Civil Service
and Pensions Committee but died in Finance.  In 2010, it was
reported from the Senate Civil Service and Pensions and Finance
Committees but died in Rules.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None where employees in positions of comparable worth are paid the
same salary or rate.

EFFECTIVE DATE:
90 days after enactment.

S1680-2011 Text

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

                                    1680

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 11, 2011
                                 ___________

  Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Civil Service and Pensions

  AN ACT to amend the civil service  law,  in  relation  to  making  it  a
    discriminatory  practice  for public employers to compensate employees
    of different sexes differently for work that is of comparable worth

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


    Section  1.  The  civil service law is amended by adding a new section
  153 to read as follows:

    S 153. WAGE DISCRIMINATION BY SEX PROHIBITED.    1.  IT  SHALL  BE  AN
  UNLAWFUL  DISCRIMINATORY  PRACTICE FOR ANY PUBLIC EMPLOYER IN THIS STATE
  TO DISCRIMINATE BETWEEN EMPLOYEES IN ITS EMPLOY ON THE BASIS OF SEX,  BY
  COMPENSATING  ANY  EMPLOYEE  IN  ANY OCCUPATION AT A SALARY OR RATE LESS
  THAN THE SALARY OR RATE AT WHICH OTHER EMPLOYEES OF THE OPPOSITE SEX ARE
  COMPENSATED FOR POSITIONS OR TITLES WHICH HAVE COMPARABLE WORTH AS MEAS-
  URED BY THE SKILL, EFFORT AND RESPONSIBILITY NORMALLY  REQUIRED  IN  THE
  PERFORMANCE  OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS NORMALLY
  PERFORMED.
    2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT DIFFERING
  COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCULATED PURSUANT
  TO A BONA FIDE SENIORITY SYSTEM.
    3. A PUBLIC EMPLOYER WHO IS IN VIOLATION OF THIS SECTION SHALL NOT, IN
  ORDER TO COMPLY WITH  THIS  SECTION,  REDUCE  THE  COMPENSATION  OF  ANY
  EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
    4. AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPENSATION
  TO  WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SECTION SHALL NOT BE A BAR
  TO ANY ACTION TO WHICH THE  EMPLOYEE  WOULD  OTHERWISE  BE  ENTITLED  TO
  ENFORCE THE PROVISIONS OF THIS SECTION.
    5.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
  INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01707-01-1

 S. 1680                             2

  THROUGH  BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
  ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
    6.  NO  PUBLIC  EMPLOYER  SHALL  BE  FOUND  TO BE IN VIOLATION OF THIS
  SECTION FOR COMPENSATING EMPLOYEES OF DIFFERENT  SEXES  DIFFERENTLY  FOR
  WORK  THAT IS OF COMPARABLE WORTH DURING THE THREE YEAR PERIOD BEGINNING
  ON THE EFFECTIVE DATE OF THIS SECTION, PROVIDED SUCH EMPLOYER HAS INSTI-
  TUTED A PLAN THAT WILL LEAD TO COMPLIANCE WITH THIS SECTION  AFTER  SUCH
  THREE YEAR PERIOD EXPIRES.
    S  2.  This  act shall take effect on the ninetieth day after it shall
  have become a law.