S3685-2013 Actions

• Feb 11, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

S3685-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3685
 2013-2014 Regular Sessions
 I N  SENATE
 February 11, 2013
 
 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.
 LBD02625-02-3
 
       S. 3685                             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.

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