Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth; provides for exceptions.
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;
- not impede, infringe or diminish the rights and benefits contained in a collective bargaining agreement or diminish the integrity of an existing bargaining agreement; and
- direct the Commissioner of Labor to study and issue a comprehensive report on how to ensure that employees in the private sector working in positions of comparable worth are paid equally regardless of sex. The report would be made to the Governor, the Speaker of the Assembly, and the Temporary President of the Senate by March 1, 2014.
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: 2009 - reported from the Civil Service and Pensions Committee, died in Finance. 2010 - reported from the Civil Service and Pensions and Finance Committees, died in Rules. 2011 - died in the Civil Service and Pensions Committee. 2012 - died in the Civil Service and Pensions Committee.
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 ________________________________________________________________________ 3685--A 2013-2014 Regular Sessions IN 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02625-03-3 S. 3685--A 2
5. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES 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. The commissioner of the department of labor shall study and issue a comprehensive report on methods to ensure that employees in the private sector working in positions of comparable worth are paid equally regardless of sex. Such report shall be made to the governor, the speak- er of the assembly, and the temporary president of the senate no later than March 1, 2014. S 3. This act shall take effect on the ninetieth day after it shall have become a law.