Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin; requires the president of the civil service commission to report annually to the legislature and the governor on those segregated titles for which wage disparity exists; mandates governor to appropriate monies to ensure wage disparities are corrected.
TITLE OF BILL: 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
GENERAL IDEA OF BILL: To implement the state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles which have been segregated by sex, race, or national origin.
SUMMARY OF SPECIFIC PROVISIONS: Amends §115 of the civil service law to define the intent of New York state to comply with the federal "Equal Pay Act of 1963" and "Civil Rights Act of 1964" and to state its intent to ensure a fair and non-biased wage structure for all employees regardless of sex, race or national origin. Amends §118 of the civil service law to define how comparable value of job titles shall be determined. Adds a new §119 to the civil service law which (a) defines segregated titles, (b) mandates that the President of the Civil Service Commission report annually to the Legislature and Executive on those segregated titles for which wage disparity exists, and (c) mandates the Governor to request appropriation necessary to ensure that wage disparities are corrected.
JUSTIFICATION: While newspapers carry banner headlines about the advances women have made in the work force, the fact is, women's wages continue to lag far behind men's. The economic position of women on the whole has deteriorated, despite affirmative action and equal pay laws, and the movement of some women into a few traditionally male-dominated occupations.
The wage gap exists, in part, because many women are still segregated into a few low-paying occupations. More than half of all women workers hold sales, clerical and service jobs. Studies show that the more an occupation is dominated by women, the less it pays. Part of the wage gap results from differences in education, experience or time in the workforce. But a significant portion cannot be explained by any of those factors; the General Accounting Office's Oct. 2003 report on Women's Earnings, which examined 18 years of data, found a 206 earnings gap between women and men that could not be explained, even when accounting for demographic and work-related factors such as occupation, industry, race, marital status and job tenure.
More than half of all women work in occupations which are over 70% female, and 25% are in jobs which are more than 98% female. The National Academy of Sciences, which has conducted the most authoritative study to date on comparable worth, found that "the more an occupation is dominated by women, the less it pays." The Academy concluded that sex discrimination is deeply imbedded in our society's wage structures and in our so-called free market system.
PRIOR LEGISLATIVE HISTORY: 2009-2010: S.5271/A.6712 - Died in Senate Committee/Passed Assembly 2007-2008: A.7407 - Passed Assembly 2005-2006: A.305 - Passed Assembly 2003-2004: A.737 - Passed Assembly 2002: A.236 - Passed Assembly 2001: A.236 - Passed Assembly 2000: A.4171 - Passed Assembly 1999: A.4171 - Passed Assembly 1998: A.810 (Katz) - Passed Assembly 1997: A.810 (Katz) - Gov. Emp.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Determined by amount of wage disparity.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 248 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. MONTGOMERY -- 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 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, ARTICLE FIFTEEN OF THE EXECUTIVE LAW AND SECTION FORTY-C OF THE CIVIL RIGHTS LAW, WHICH PROHIBIT DISCRIMINATION ON THE BASIS OF SEX, RACE 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, 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 taxpayers 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 forEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01541-01-1 S. 248 2 [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 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.