senate Bill S3685B

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

                                 3685--B

                       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  --  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 discriminatory
  practices where public employers  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02625-04-3

S. 3685--B                          2

TO  ANY  ACTION  TO  WHICH  THE  EMPLOYEE WOULD OTHERWISE BE ENTITLED TO
ENFORCE THE PROVISIONS OF THIS SECTION.
  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.
  7. AS USED IN THIS SECTION, THE TERM PUBLIC OFFICER OR EMPLOYEE  SHALL
NOT  INCLUDE  THOSE  EMPLOYEES  IN  THE UNCLASSIFIED SERVICE PURSUANT TO
SECTION THIRTY-FIVE OF THIS  CHAPTER,  EMPLOYEES  DEEMED  MANAGERIAL  OR
CONFIDENTIAL  UNDER ARTICLE FOURTEEN OF THIS CHAPTER AND THE OFFICERS OR
EMPLOYEES OF MUNICIPALITIES  OR  OTHER  POLITICAL  SUBDIVISIONS  OF  THE
STATE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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