senate Bill S3685A

Amended

Discriminatory practices where public employers compensate employees of different sexes differently for work that is of comparable worth

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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

  • 11 / Feb / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 29 / May / 2013
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 29 / May / 2013
    • PRINT NUMBER 3685A
  • 18 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 18 / Jun / 2013
    • PRINT NUMBER 3685B
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth; provides for exceptions.

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Bill Details

Versions:
S3685
S3685A
S3685B
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Add ยง153, Civ Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1680
2009-2010: S5480

Sponsor Memo

BILL NUMBER:S3685A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
ensure that public employees, regardless of sex, working in positions
of comparable worth are paid equally.

SUMMARY OF SPECIFIC PROVISIONS: This bill would:

- make the practice whereby employees in a particular position or
title are paid at a salary or rate lower than that which other
employees of the opposite sex in a comparable position or title are
compensated, an unlawful discriminatory practice;

- define comparable worth as measured by skill, effort and
responsibility normally required in the performance of work and
conditions under which work is normally performed;

- prohibit an employer from reducing the compensation of any employee
or position in order to comply with the provisions of this
legislation; enable employers to implement the provisions of this bill
by instituting a plan that would lead to full compliance within three
years following enactment;

- not prohibit different compensation pursuant to a seniority system;

- not impede, infringe or diminish the rights and benefits contained
in a collective bargaining agreement or diminish the integrity of an
existing bargaining agreement; and

- direct the Commissioner of Labor to study and issue a comprehensive
report on how to ensure that employees in the private sector working
in positions of comparable worth are paid equally regardless of sex.
The report would be made to the Governor, the Speaker of the Assembly,
and the Temporary President of the Senate by March 1, 2014.

JUSTIFICATION: A recent public hearing held by a number of Assembly
Committees revealed troubling situations where women who were
performing work comparable to their male counterparts were paid
substantially less in salary. In particular, there was testimony that
school nurses and secretaries were paid less than maintenance and
grounds keepers of the same employer, although the required training,
responsibilities and skills of the nurses and secretaries surpassed
that of the male staff Discrimination based on stereotyped gender
roles is inappropriate. This legislation is needed to ensure that pay
equity in the public sector is achieved.

PRIOR LEGISLATIVE HISTORY: 2009 - reported from the Civil Service and
Pensions Committee, died in Finance.
2010 - reported from the Civil Service and Pensions and Finance
Committees, died in Rules.
2011 - died in the Civil Service and Pensions Committee.
2012 - died in the Civil Service and Pensions Committee.


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None where
employees in positions of comparable worth are paid the same salary or
rate.

EFFECTIVE DATE: 90 days after enactment.

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

                                 3685--A

                       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
PERFORMED.
  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.
                                                           LBD02625-03-3

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.

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