Implements compliance with the federal Equal Pay Act of 1963 by establishing a state policy of compensating employees in state civil 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 office for employee relations on those segregated titles for which wage disparity exists; directs the governor to appropriate moneys to ensure wage disparities are corrected.
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 comparability of value of the work
PURPOSE: This legislation will establish a policy of equal pay for comparable work regardless of sex, race or national origin and requires corrective action therefor.
SUMMARY OF PROVISIONS: Section One - states it is the policy of the state of New York to comply with the letter and spirit of the federal "equal Pay Act of 1963" which requires that employees of both sexes receive equal pay for equal work, the federal "Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, race and national origin in all terms of employment, section forty-c of the civil rights law, which prohibits discrimination on the basis of race, creed, color, national origin, sex, sexual orientation or marital status and article fifteen of the executive law, which prohibits discrimination on the basis of sex, race, sexual orientation or national origin in all terms of employment.
Section One - will make New York state consistent with this law, it is the policy of the state to ensure a fair, non-biased wage structure for its employees in which sex, race, sexual orientation or national origin is not a consideration either directly or indirectly in determining the properly compensation for a title in state service, not in determining the proper compensation or a title in state service, nor in determining the pay for any individual or group employees. The state will declare a policy of the state to provide equal pay for similar work and for work of comparable value.
Section Two - states comparable value shall be determined by comparing job titles on the basis of standards which include the composite of such basic elements of a job as the knowledge, skills, accountability, mental or physical stress and effort, extraordinary dangers and responsibilities normally required to satisfactorily perform the job. The principle of fair and equal pay for work of comparable value requires that consideration of sex, race, sexual orientation or national origin shall not influence directly or indirectly the establishment of salaries.
Section Three - states the comparability of value of work, segregated job titles reviewed and adjusted. The legislature finds that despite the policy of the state, job titles may have 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. "Segregated titles" are defined as titles or any class of titles in which the number of incumbents of a sex, race or national origin is greater than the sum of the percentage of that sex, race or
national origin in the state service, (P) plus twenty percent of that percentage (.2 (P)). This is represented by the formula (X = P + .2 (P)).
Section Three - states the President of the Civil Service Commission shall, by January first of each year, submit to the legislature and the office of employee relations, a list showing, by employee organization and for management/confidential employees, those segregated titles for which a disparity exists based on the comparability of the value of work. The president shall also submit to the legislature, the office of employee relations and the division of the budget along with the list, an estimate of the appropriation necessary to correct such disparities.
Beginning with the budget requests for the second fiscal year commencing after the effective date of this section, the governor shall include the appropriation necessary to ensure that salaries are set in accordance with subdivision one of this section. No salary shall be reduced to achieve comparable compensation under the provisions of this section.
Section Four - this act shall take effect immediately.
JUSTIFICATION: Only a portion of the difference between men's and women's pay can be attributed to measurable differences in women's and men's characteristics, while the remainder of the pay gap is most likely due to systematic sex discrimination. According to the Government Accounting Office (GAO) by 2010 (when 46 percent of workers were female) women overall were averaging 77 cents for that dollar, slow but significant progress. However, that number belies some additional margins: Black women earned only 61 cents and Latino women earned only 52 cents, lower than the total average in 1963.
This legislation will implement the state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles which have been segregated by sex, race or national origin.
LEGISLATIVE HISTORY: Same as A.2661A, 2007
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This law will take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7057 IN SENATE April 26, 2012 ___________Introduced by Sen. BALL -- 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 implementing a state policy of setting salaries on the basis of comparability of value of the 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 THE STATE OF NEW YORK 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, SECTION FORTY-C OF THE CIVIL RIGHTS LAW, WHICH PROHIBITS DISCRIMINATION ON THE BASIS OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, SEXUAL ORIENTATION OR MARITAL STATUS AND ARTICLE FIFTEEN OF THE EXECUTIVE LAW, WHICH PROHIBITS DISCRIMINATION ON THE BASIS OF SEX, RACE, SEXUAL ORIENTATION 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, SEXUAL ORIENTATION OR NATIONAL ORIGIN IS NOT A CONSIDERATION EITHER DIRECTLY OR INDIRECTLY IN DETERMINING THE PROPER COMPENSATION FOR A TITLE IN STATE SERVICE, NOR IN DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES. 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 taxpay- ers of the state of New York the highest return in services for the necessary costs of government, it is
[hereby declared to be]the policy of the state to provide equal pay for [equal]SIMILAR work AND FOR WORK OF COMPARABLE VALUE, and regular increases in pay in proper proportionEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15400-01-2 S. 7057 2
to increase of ability, 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 to read as follows: (c) The principle of fair and equal pay for similar work AND FOR WORK OF COMPARABLE VALUE shall be followed in the classification and reclas- sification and the allocation and reallocation of positions pursuant to this article and all positions having the same title shall be allocated to the same salary grade. COMPARABLE VALUE SHALL BE DETERMINED BY COMPARING JOB TITLES ON THE BASIS OF STANDARDS WHICH INCLUDE THE COMPOS- ITE OF SUCH BASIC ELEMENTS OF A JOB AS THE KNOWLEDGE, SKILLS, ACCOUNT- ABILITY, MENTAL OR PHYSICAL STRESS AND EFFORT, EXTRAORDINARY DANGERS AND RESPONSIBILITIES NORMALLY REQUIRED TO SATISFACTORILY PERFORM THE JOB. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR WORK OF COMPARABLE VALUE REQUIRES THAT CONSIDERATION OF SEX, RACE, SEXUAL ORIENTATION OR NATIONAL ORIGIN SHALL NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF SALARIES. S 3. The civil service law is amended by adding a new section 119 to read as follows: S 119. COMPARABILITY OF VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED AND ADJUSTED. 1. THE LEGISLATURE FINDS THAT DESPITE THE POLICY OF THE STATE AS DECLARED IN SECTION ONE HUNDRED FIFTEEN OF THIS TITLE, 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. FOR PURPOSES OF THIS SECTION "SEGREGATED TITLES (X)" MEANS TITLES OR ANY CLASS OF TITLES IN WHICH THE NUMBER OF INCUMBENTS OF A SEX, RACE OR NATIONAL ORIGIN IS GREATER THAN THE SUM OF THE PERCENTAGE OF THAT SEX, RACE OR NATIONAL ORIGIN IN THE STATE SERVICE (P) PLUS TWENTY PERCENT OF THAT PERCENTAGE (.2(P)). THIS IS REPRESENTED BY THE FORMULA (X = P + .2(P)). 3. THE PRESIDENT SHALL, BY JANUARY FIRST OF EACH YEAR, SUBMIT TO THE LEGISLATURE AND THE OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY EMPLOYEE ORGANIZATION AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE COMPARABILI- TY OF THE VALUE OF THE WORK. THE PRESIDENT SHALL ALSO SUBMIT TO THE LEGISLATURE, THE OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF THE BUDGET ALONG WITH THE LIST, AN ESTIMATE OF THE APPROPRIATION NECESSARY TO CORRECT SUCH DISPARITIES. 4. BEGINNING WITH THE BUDGET REQUESTS FOR THE SECOND FISCAL YEAR COMMENCING AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL INCLUDE THE APPROPRIATION NECESSARY TO ENSURE THAT SALARIES 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 TITLE. 5. NO SALARY SHALL BE REDUCED TO ACHIEVE COMPARABLE COMPENSATION UNDER THE PROVISIONS OF THIS SECTION. S 4. This act shall take effect immediately.