senate Bill S248A

Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 28 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 13 / Apr / 2011
    • DEFEATED IN CIVIL SERVICE AND PENSIONS
  • 04 / Jan / 2012
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 18 / Apr / 2012
    • AMEND (T) AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 18 / Apr / 2012
    • PRINT NUMBER 248A

Summary

Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state 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 governor on those segregated titles for which wage disparity exists; mandates governor to appropriate monies to ensure wage disparities are corrected.

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Bill Details

See Assembly Version of this Bill:
A1780A
Versions:
S248
S248A
Legislative Cycle:
2011-2012
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §§115 & 118, add §119, Civ Serv L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5271, A6712
2007-2008: A7407

Sponsor Memo

BILL NUMBER:S248A

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
equivalent value of work

PURPOSE:
To implement the state policy of compensating employees in
state service equally for work of equivalent value by eliminating
wage inequality in job titles and position classifications which have
been segregated by sex, race, or national origin.

SUMMARY OF PROVISIONS:
Define the intent of "Equal Pay Act of 1963" intent to ensure a fair
regardless of sex, race

Amends § 115 of the civil service law to New York state to comply with
the federal and "Civil Rights Act of 1964" and to state its and
non-biased wage structure for all employees or national origin.

Amends § 118 of the civil service law to define "equivalent value of
work" and to provide for exceptions to the rule.

Adds a new § 119 to the civil service law which (a) defines segregated
titles, (b) prescribes methodologies that may be used by the
president of the civil service commission for determining equivalent
value of work, (c) mandates that the president of the civil service
commission report the Legislature and Executive, by January 1, 2013,
on those segregated titles for which a wage disparity exists, and (d)
mandates the president to request an appropriation necessary to
correct such disparities.

JUSTIFICATION:
While newspapers carry banner headlines about the
advances women have made in the work force, the fact is, women's
wages continue to lag far behind men's. The economic position of
women on the whole has deteriorated, despite affirmative action and
equal pay laws, and the movement of some women into a few
traditionally male-dominated occupations.

The wage gap exists, in part, because many women are still segregated
into a few low-paying occupations. More than half of all women
workers hold sales" clerical and service jobs. Studies show that the
more an occupation is dominated by women, the less it pays. Part of
the wage gap results from differences in education, experience or
time in the workforce. But a significant portion cannot be explained
by any of those factors; the General Accounting Office's Oct. 2003
report Women's Earnings, which examined 38 years of data, found a 20
percent earnings gap between women and men that could not be

explained, even when accounting for demographic and work-related
factors such as occupation, industry, race, marital status and job
tenure.

More than half of all women work in occupations which are over 70%
female, and 25% are in jobs which are more than 95% female. The
National Academy of Sciences, which has conducted the most
authoritative study to date on comparable worth, found that "the more
an occupation is dominated by women, the less it pays." The Academy
concluded that sex discrimination is deeply imbedded in our society's
wage structures and in our So-called free market system.

LEGISLATIVE HISTORY:
2011: A.1780 - Passed Assembly
2009-2010: A.6712 - Passed Assembly
2007-2008: A.7407 - Passed Assembly
2005-2006: A.305 - Passed Assembly
2003-2004: A.737 - Passed Assembly
2002: A.236 - Passed Assembly
2001: A.236 - Passed Assembly
2000: A.4171 - Passed Assembly
1999: A.4171 - Passed Assembly
1998: A.810 - Passed Assembly (Katz)
1997: A.810 - Gov. Emp. (Katz)

FISCAL IMPLICATIONS:
Determined by the amount of wage disparity.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 248--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions -- recommitted to the Committee on Civil Service and Pensions
  in accordance with Senate Rule 6, sec. 8 -- 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  implementing  a
  state  policy  of setting salaries on the basis of equivalent value of
  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  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. 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, ARTICLE FIFTEEN OF THE EXECUTIVE  LAW  AND  SECTION
FORTY-C  OF  THE  CIVIL RIGHTS LAW, WHICH PROHIBIT DISCRIMINATION ON THE
BASIS OF SEX, RACE 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, OR
NATIONAL ORIGIN IS NOT A CONSIDERATION EITHER DIRECTLY OR INDIRECTLY  IN
DETERMINING THE PROPER WAGES FOR A TITLE IN STATE SERVICE, NOR IN DETER-
MINING  THE  PAY  FOR  ANY  INDIVIDUAL  OR GROUP OF EMPLOYEES.   FOR THE
PURPOSE OF THIS CHAPTER,  THE  TERMS  "WAGES"  AND  WAGE  "RATES"  SHALL
INCLUDE  ALL  COMPENSATION,  IN  ANY  FORM, THAT AN EMPLOYER PROVIDES TO
EMPLOYEES IN PAYMENT FOR WORK DONE OR SERVICES RENDERED,  INCLUDING  BUT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01541-03-2

S. 248--A                           2

NOT  LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR VARIOUS
FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION
TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. 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 taxpayers of the state of  New
York  the  highest return in services for the necessary costs of govern-
ment, it is [hereby declared to be] the policy of the state  to  provide
equal  pay  for equal AND SIMILAR work AND FOR EQUIVALENT VALUE OF WORK,
and regular increases in pay in proper proportion to increase of  abili-
ty,  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 and
two new paragraphs (d) and (e) are added to read as follows:
  (c)  The  principle  of  fair  and  equal pay for similar work AND FOR
EQUIVALENT VALUE OF WORK shall be followed  in  the  classification  and
reclassification and the allocation and reallocation of positions pursu-
ant  to  this  article  and all positions having the same title shall be
allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING  OF
THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
SIFICATIONS  THAT  ARE DISSIMILAR BUT WHOSE REQUIREMENTS ARE EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE  OF
WORK  REQUIRES  THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES.
  (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
PAY DIFFERENT WAGE RATES TO EMPLOYEES,  WHERE  SUCH  PAYMENTS  ARE  MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) THE GEOGRAPHIC LOCATION OF THE JOB; OR
  (3)  ANY  OTHER  BONA  FIDE  FACTOR  OTHER  THAN SEX, RACE OR NATIONAL
ORIGIN, PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN  DISCRIMI-
NATION BASED ON SEX, RACE OR NATIONAL ORIGIN.
  (E)  NOTHING  SET  FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES
THROUGH  COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  S 3. The civil service law is amended by adding a new section  119  to
read as follows:
  S  119.  EQUIVALENT  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 RELATIVE
WORTH OF THE JOB. IT IS THE INTENT OF THE  LEGISLATURE  TO  REMEDY  SUCH
UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
  2.  THE CIVIL SERVICE COMMISSION SHALL PROMULGATE REGULATIONS SPECIFY-
ING THE METHODOLOGY FOR DETERMINING EQUIVALENT VALUE OF  WORK  BASED  ON
SKILL,  EFFORT,  RESPONSIBILITY, AND WORKING CONDITIONS. ANY METHODOLOGY
PRESCRIBED BY THE COMMISSION, SUCH AS  A  SYSTEMATIC  POINT  FACTOR  JOB
EVALUATION SYSTEM, SHALL ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR
UNDERVALUE  THE  WORTH OF JOBS WHERE WOMEN AND MINORITIES ARE DISPROPOR-
TIONATELY REPRESENTED. FOR THE PURPOSES OF THIS  CHAPTER,  A  SEGREGATED

S. 248--A                           3

TITLE  SHALL  CONSTITUTE  ANY  TITLE  IN  WHICH  THE TOTAL PERCENTAGE OF
EMPLOYEES OF A PARTICULAR SEX, RACE OR NATIONAL ORIGIN IN THE  TITLE  IS
EQUAL TO OR GREATER THAN ONE HUNDRED TWENTY PERCENT OF THE PERCENTAGE OF
THAT SEX, RACE OR NATIONAL ORIGIN IN THE STATE SERVICE.
  3.  THE  PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND THIRTEEN, AND
EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE  AND  THE  GOVER-
NOR'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 EQUIVALENT VALUE OF THE WORK. THE
PRESIDENT SHALL ALSO SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF
EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET ALONG WITH  THE  LIST,  AN
ESTIMATE  OF  THE  APPROPRIATION  NECESSARY TO CORRECT SUCH DISPARITIES.
WHEN THE DEPARTMENT CREATES NEW TITLES OR, BECAUSE OF  MERGES  OR  TAKE-
OVERS,  TRANSFERS  STATE  WORKFORCE FROM ONE TITLE TO ANOTHER TITLE, THE
PRESIDENT  SHALL RE-SUBMIT SUCH LIST OF ANY SEGREGATED TITLES FOR  WHICH
A  DISPARITY  EXISTS  BASED  ON  THE  EQUIVALENT VALUE OF WORK AND SHALL
SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF  EMPLOYEE  RELATIONS
AND  THE  DIVISION OF BUDGET WITH SUCH LIST AN ESTIMATE OF THE APPROPRI-
ATION NECESSARY TO CORRECT SUCH DISPARITIES.
  4. BEGINNING WITH THE  BUDGET  REQUESTS  FOR  THE  FIRST  FISCAL  YEAR
COMMENCING  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
INCLUDE THE APPROPRIATION NECESSARY TO ENSURE  THAT  WAGES  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.  THE  PRESIDENT  SHALL  NOT,  IN ORDER TO COMPLY WITH THIS SECTION,
REDUCE THE WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR  ANY  POSI-
TION.
  S 4. This act shall take effect immediately.

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