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.
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.
STATE OF NEW YORK ________________________________________________________________________ 1680 2011-2012 Regular Sessions IN 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 EMPLOYEESEXPLANATION--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.