S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4021
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. JAFFEE,
   RIVERA -- read once and referred  to  the  Committee  on  Governmental
   Employees
 
 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:
   §  115.    Policy  of the state. IT IS THE POLICY OF NEW YORK STATE TO
 COMPLY WITH THE LETTER AND SPIRIT OF  THE  FEDERAL  "EQUAL  PAY  ACT  OF
 1963,"  PUB. L. 88-38 (29 U.S.C. § 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. § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08386-01-9

 A. 4021                             2
 
 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 proportion
 to  increase  of  ability, increase of output and increase of quality of
 work demonstrated in service.
   § 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.
   §  3.  The civil service law is amended by adding a new section 119 to
 read as follows:
   § 119. COMPARABILITY OF VALUE OF WORK; SEGREGATED JOB TITLES  REVIEWED
 AND  ADJUSTED.  1.  THE LEGISLATURE FINDS THAT DESPITE THE POLICY OF NEW
 YORK STATE AS DECLARED IN SECTION ONE HUNDRED FIFTEEN OF  THIS  ARTICLE,
 JOB  TITLES  WHICH  ARE  SEGREGATED BY SEX, RACE, OR NATIONAL ORIGIN MAY
 HAVE BEEN UNDERVALUED AND ASSIGNED WAGES WHICH DO NOT REFLECT THE  RELA-
 TIVE  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  OF  THE COMMISSION SHALL, BY JANUARY FIRST OF EACH
 YEAR, SUBMIT TO THE LEGISLATURE AND THE GOVERNOR'S  OFFICE  OF  EMPLOYEE
 RELATIONS,    A    LIST   SHOWING,   BY   NEGOTIATING   UNIT   AND   FOR
 MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGREGATED TITLES FOR  WHICH  A
 DISPARITY  EXISTS  BASED  ON THE COMPARABILITY OF THE VALUE OF THE WORK.
 SUCH PRESIDENT SHALL ALSO SUBMIT  TO  THE  LEGISLATURE,  THE  GOVERNOR'S
 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 ARTICLE.
   5. NO SALARY SHALL BE REDUCED TO ACHIEVE COMPARABLE COMPENSATION UNDER
 THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.