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.
STATE OF NEW YORK ________________________________________________________________________ 3685--B 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 -- 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 discriminatory practices where public employers 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 BAREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02625-04-3 S. 3685--B 2
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 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. 7. AS USED IN THIS SECTION, THE TERM PUBLIC OFFICER OR EMPLOYEE SHALL NOT INCLUDE THOSE EMPLOYEES IN THE UNCLASSIFIED SERVICE PURSUANT TO SECTION THIRTY-FIVE OF THIS CHAPTER, EMPLOYEES DEEMED MANAGERIAL OR CONFIDENTIAL UNDER ARTICLE FOURTEEN OF THIS CHAPTER AND THE OFFICERS OR EMPLOYEES OF MUNICIPALITIES OR OTHER POLITICAL SUBDIVISIONS OF THE STATE. S 2. This act shall take effect on the ninetieth day after it shall have become a law.