S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2351

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. LIFTON, DESTITO, AUBRY, BENEDETTO, BING, COLTON,
  DelMONTE, FIELDS,  GOTTFRIED,  JAFFEE,  JEFFRIES,  SCHROEDER,  WRIGHT,
  GALEF,  ALFANO,  SCHIMEL, LUPARDO, LANCMAN -- Multi-Sponsored by -- M.
  of  A.  BARRA,  BOYLAND,  BROOK-KRASNY,  CAHILL,  CHRISTENSEN,  CLARK,
  GABRYSZAK, GLICK, GUNTHER, HOOPER, HYER-SPENCER, JACOBS, MAISEL, McEN-
  ENY,  PEOPLES-STOKES, PHEFFER, REILLY, J. RIVERA, ROBINSON, ROSENTHAL,
  TOWNS -- read once and referred to the Committee on Governmental Oper-
  ations

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 21 to read as follows:
  21. (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD04853-01-9

              

A. 2351                             2

  (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.