Bill S399-2011

Makes it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth

Makes it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth; specifically provides when differing compensation is permissible; provides for phase-in.

Details

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  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S399

TITLE OF BILL: An act to amend the executive law, in relation to making it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth

PURPOSE OF GENERAL IDEAL OF BILL: To remedy historical patterns of compensation, most frequently in female-dominated occupations, that cause female employees to be paid less than male counterparts in comparable jobs.

SUMMARY OF SPECIFIC PROVISIONS: This bill would make it an unlawful discriminatory practice under Section 296 of the Executive Law for an employer to discriminate between male and female employees, by compensating employees of different sexes differently, for work that is of comparable worth to the employer. The worth of various jobs would be measured by the skill, effort, and responsibility normally required in the performance of work, and the conditions under which the work is normally performed.

Compensation systems based on seniority, merit, or quantity or quality of production without regard to sex would be exempt from the provisions of this bill. Employers would not be permitted to comply with this bill by reducing the compensation of any employee or of any position. Employers would not be found to be in violation of this law for three years, as long as they were taking steps to implement a comparable worth standard.

JUSTIFICATION: The bill extends the right of "equal pay for equal work" to include equal pay for work that is comparable, as measured by the skill, effort and responsibility normally required in the performance of work, and the conditions under which the work is normally performed. Currently, traditional female-dominated job titles are often under-valued in an employer's pay scales, relative to comparable male dominated job titles. For example, clerk-typists may be paid less than custodians, emergency services operators less than fire dispatchers, and registered nursing assistants less than plumbers, although job requirements are comparable. This bill would make this type of discrimination a violation of the Human Rights Law.

PRIOR LEGISLATIVE HISTORY: 1998-2006: Passed Assembly 2007-2008: S.2665/A.6959A 2009-2010: S/2968/A.2351

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Ninety days after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 399 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to making it a discrimi- natory practice 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. Section 296 of the executive law is amended by adding a new subdivision 22 to read as follows: 22. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY- ER TO DISCRIMINATE BETWEEN EMPLOYEES IN THE SAME PLACE OF BUSINESS 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 HE OR SHE COMPEN- SATES ANY EMPLOYEE OF THE OPPOSITE SEX FOR JOBS WHICH HAVE COMPARABLE WORTH AS MEASURED BY THE SKILL, EFFORT AND RESPONSIBILITY NORMALLY REQUIRED IN THE PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS NORMALLY PERFORMED. (B) NOTHING IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL PROHIBIT DIFFERING COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCU- LATED PURSUANT TO: (1) A BONA FIDE SENIORITY SYSTEM; (2) A MERIT SYSTEM; OR (3) A SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION. (C) AN EMPLOYER WHO IS IN VIOLATION OF THIS SUBDIVISION SHALL NOT, IN ORDER TO COMPLY WITH THIS SUBDIVISION, REDUCE THE COMPENSATION OF ANY EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION. (D) AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPEN- SATION TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SUBDIVISION SHALL
NOT BE A BAR TO ANY ACTION TO WHICH THE EMPLOYEE WOULD OTHERWISE BE ENTITLED TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. (E) NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPEDE, INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHER- WISE DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP. (F) NO EMPLOYER SHALL BE FOUND TO BE IN VIOLATION OF THIS SUBDIVISION 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 SUBDIVISION, PROVIDED SUCH EMPLOYER HAS INSTI- TUTED A PLAN THAT WILL LEAD TO COMPLIANCE WITH THIS SUBDIVISION 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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