Bill S248A-2011

Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action

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.

Details

Actions

  • Apr 18, 2012: PRINT NUMBER 248A
  • Apr 18, 2012: AMEND (T) AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Apr 13, 2011: DEFEATED IN CIVIL SERVICE AND PENSIONS
  • Feb 28, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S248A

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 equivalent value of work

PURPOSE: To implement the state policy of compensating employees in state service equally for work of equivalent value by eliminating wage inequality in job titles and position classifications which have been segregated by sex, race, or national origin.

SUMMARY OF PROVISIONS: Define the intent of "Equal Pay Act of 1963" intent to ensure a fair regardless of sex, race

Amends § 115 of the civil service law to New York state to comply with the federal and "Civil Rights Act of 1964" and to state its and non-biased wage structure for all employees or national origin.

Amends § 118 of the civil service law to define "equivalent value of work" and to provide for exceptions to the rule.

Adds a new § 119 to the civil service law which (a) defines segregated titles, (b) prescribes methodologies that may be used by the president of the civil service commission for determining equivalent value of work, (c) mandates that the president of the civil service commission report the Legislature and Executive, by January 1, 2013, on those segregated titles for which a wage disparity exists, and (d) mandates the president to request an appropriation necessary to correct such disparities.

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 Women's Earnings, which examined 38 years of data, found a 20 percent 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 95% 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.

LEGISLATIVE HISTORY: 2011: A.1780 - Passed Assembly 2009-2010: A.6712 - 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 - Passed Assembly (Katz) 1997: A.810 - Gov. Emp. (Katz)

FISCAL IMPLICATIONS: Determined by the amount of wage disparity.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 248--A 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 -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the civil service law, in relation to implementing a state policy of setting salaries on the basis of equivalent value of 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 WAGES FOR A TITLE IN STATE SERVICE, NOR IN DETER- MINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES. FOR THE PURPOSE OF THIS CHAPTER, THE TERMS "WAGES" AND WAGE "RATES" SHALL INCLUDE ALL COMPENSATION, IN ANY FORM, THAT AN EMPLOYER PROVIDES TO EMPLOYEES IN PAYMENT FOR WORK DONE OR SERVICES RENDERED, INCLUDING BUT
NOT LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR VARIOUS FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. 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 govern- ment, it is [hereby declared to be] the policy of the state to provide equal pay for equal AND SIMILAR work AND FOR EQUIVALENT VALUE OF WORK, and regular increases in pay in proper proportion to increase of abili- ty, 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 and two new paragraphs (d) and (e) are added to read as follows: (c) The principle of fair and equal pay for similar work AND FOR EQUIVALENT VALUE OF WORK shall be followed in the classification and reclassification and the allocation and reallocation of positions pursu- ant to this article and all positions having the same title shall be allocated to the same salary grade. EQUIVALENT VALUE OF WORK SHALL MEAN TITLES OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING OF THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS- SIFICATIONS THAT ARE DISSIMILAR BUT WHOSE REQUIREMENTS ARE EQUIVALENT, WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING CONDITIONS. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE OF WORK REQUIRES THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES. (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO PAY DIFFERENT WAGE RATES TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT TO: (1) A BONA FIDE SENIORITY OR MERIT SYSTEM; (2) THE GEOGRAPHIC LOCATION OF THE JOB; OR (3) ANY OTHER BONA FIDE FACTOR OTHER THAN SEX, RACE OR NATIONAL ORIGIN, PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN DISCRIMI- NATION BASED ON SEX, RACE OR NATIONAL ORIGIN. (E) NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP. S 3. The civil service law is amended by adding a new section 119 to read as follows: S 119. EQUIVALENT 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 RELATIVE WORTH OF THE JOB. IT IS THE INTENT OF THE LEGISLATURE TO REMEDY SUCH UNDERVALUATION AND TO CORRECT SUCH DISPARITIES. 2. THE CIVIL SERVICE COMMISSION SHALL PROMULGATE REGULATIONS SPECIFY- ING THE METHODOLOGY FOR DETERMINING EQUIVALENT VALUE OF WORK BASED ON SKILL, EFFORT, RESPONSIBILITY, AND WORKING CONDITIONS. ANY METHODOLOGY PRESCRIBED BY THE COMMISSION, SUCH AS A SYSTEMATIC POINT FACTOR JOB EVALUATION SYSTEM, SHALL ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR UNDERVALUE THE WORTH OF JOBS WHERE WOMEN AND MINORITIES ARE DISPROPOR- TIONATELY REPRESENTED. FOR THE PURPOSES OF THIS CHAPTER, A SEGREGATED
TITLE SHALL CONSTITUTE ANY TITLE IN WHICH THE TOTAL PERCENTAGE OF EMPLOYEES OF A PARTICULAR SEX, RACE OR NATIONAL ORIGIN IN THE TITLE IS EQUAL TO OR GREATER THAN ONE HUNDRED TWENTY PERCENT OF THE PERCENTAGE OF THAT SEX, RACE OR NATIONAL ORIGIN IN THE STATE SERVICE. 3. THE PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND THIRTEEN, AND EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE AND THE GOVER- NOR'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 EQUIVALENT VALUE OF THE WORK. THE PRESIDENT SHALL ALSO SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET ALONG WITH THE LIST, AN ESTIMATE OF THE APPROPRIATION NECESSARY TO CORRECT SUCH DISPARITIES. WHEN THE DEPARTMENT CREATES NEW TITLES OR, BECAUSE OF MERGES OR TAKE- OVERS, TRANSFERS STATE WORKFORCE FROM ONE TITLE TO ANOTHER TITLE, THE PRESIDENT SHALL RE-SUBMIT SUCH LIST OF ANY SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF WORK AND SHALL SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET WITH SUCH LIST AN ESTIMATE OF THE APPROPRI- ATION NECESSARY TO CORRECT SUCH DISPARITIES. 4. BEGINNING WITH THE BUDGET REQUESTS FOR THE FIRST FISCAL YEAR COMMENCING AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL INCLUDE THE APPROPRIATION NECESSARY TO ENSURE THAT WAGES 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. THE PRESIDENT SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION, REDUCE THE WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR ANY POSI- TION. S 4. This act shall take effect immediately.

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