Assembly Bill A1119

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A1119 (ACTIVE) - Details

See Senate Version of this Bill:
S5480
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Add §153, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6448, S1680
2013-2014: A1729, S3685
2015-2016: A1574

2009-A1119 (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-A1119 (ACTIVE) - Bill Text download pdf 

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

                                  1119

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. DESTITO, LIFTON, MILLMAN, GALEF, COLTON, CLARK,
  FIELDS, ROSENTHAL -- Multi-Sponsored by -- M.  of  A.  ALFANO,  BARRA,
  BOYLAND, GOTTFRIED, JACOBS, McENENY, PHEFFER -- read once and referred
  to the Committee on Governmental Employees

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.

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