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Senate Bill S5480

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S5480 (ACTIVE) - Details

See Assembly Version of this Bill:
A1119
Current Committee:
Senate Rules
Law Section:
Civil Service Law
Laws Affected:
Add ยง153, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1680, A6448
2013-2014: S3685, A1729
2015-2016: A1574

2009-S5480 (ACTIVE) - Summary

Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth; makes exception for seniority system; prohibits reducing anyone's compensation to conform with this provision; provides three years for a compliance plan.

2009-S5480 (ACTIVE) - Sponsor Memo

2009-S5480 (ACTIVE) - Bill Text download pdf 

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

                                  5480

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 11, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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.
  5.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03556-01-9

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