S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
February 11, 2013
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the civil service law, in relation to making it a
discriminatory practice for public employers 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. The civil service law is amended by adding a new section
153 to read as follows:
S 153. WAGE DISCRIMINATION BY SEX PROHIBITED. 1. IT SHALL BE AN
UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC EMPLOYER IN THIS STATE
TO DISCRIMINATE BETWEEN EMPLOYEES IN ITS EMPLOY 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 OTHER EMPLOYEES OF THE OPPOSITE SEX ARE
COMPENSATED FOR POSITIONS OR TITLES WHICH HAVE COMPARABLE WORTH AS MEAS-
URED BY THE SKILL, EFFORT AND RESPONSIBILITY NORMALLY REQUIRED IN THE
PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS NORMALLY
2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT DIFFERING
COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCULATED PURSUANT
TO A BONA FIDE SENIORITY SYSTEM.
3. A PUBLIC EMPLOYER WHO IS IN VIOLATION OF THIS SECTION SHALL NOT, IN
ORDER TO COMPLY WITH THIS SECTION, REDUCE THE COMPENSATION OF ANY
EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
4. AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPENSATION
TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SECTION SHALL NOT BE A BAR
TO ANY ACTION TO WHICH THE EMPLOYEE WOULD OTHERWISE BE ENTITLED TO
ENFORCE THE PROVISIONS OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3685--A 2
5. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
6. NO PUBLIC EMPLOYER SHALL BE FOUND TO BE IN VIOLATION OF THIS
SECTION 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 SECTION, PROVIDED SUCH EMPLOYER HAS INSTI-
TUTED A PLAN THAT WILL LEAD TO COMPLIANCE WITH THIS SECTION AFTER SUCH
THREE YEAR PERIOD EXPIRES.
S 2. The commissioner of the department of labor shall study and issue
a comprehensive report on methods to ensure that employees in the
private sector working in positions of comparable worth are paid equally
regardless of sex. Such report shall be made to the governor, the speak-
er of the assembly, and the temporary president of the senate no later
than March 1, 2014.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.