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Assembly Bill A2351

2009-2010 Legislative Session

Makes it a discriminatory practice 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 Investigations And Government Operations Committee

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2009-A2351 (ACTIVE) - Details

See Senate Version of this Bill:
S2968
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A3690, S399

2009-A2351 (ACTIVE) - Summary

Makes it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth; specifically provides when differing compensation is permissible; provides for phase-in.

2009-A2351 (ACTIVE) - Bill Text download pdf 

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

                                  2351

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. LIFTON, DESTITO, AUBRY, BENEDETTO, BING, COLTON,
  DelMONTE, FIELDS,  GOTTFRIED,  JAFFEE,  JEFFRIES,  SCHROEDER,  WRIGHT,
  GALEF,  ALFANO,  SCHIMEL, LUPARDO, LANCMAN -- Multi-Sponsored by -- M.
  of  A.  BARRA,  BOYLAND,  BROOK-KRASNY,  CAHILL,  CHRISTENSEN,  CLARK,
  GABRYSZAK, GLICK, GUNTHER, HOOPER, HYER-SPENCER, JACOBS, MAISEL, McEN-
  ENY,  PEOPLES-STOKES, PHEFFER, REILLY, J. RIVERA, ROBINSON, ROSENTHAL,
  TOWNS -- read once and referred to the Committee on Governmental Oper-
  ations

AN ACT to amend the executive law, in relation to making it a  discrimi-
  natory practice 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. Section 296 of the executive law is amended by adding a new
subdivision 21 to read as follows:
  21. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
ER TO DISCRIMINATE BETWEEN EMPLOYEES IN THE SAME PLACE  OF  BUSINESS  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 HE OR  SHE  COMPEN-
SATES  ANY  EMPLOYEE  OF THE OPPOSITE SEX FOR JOBS WHICH HAVE COMPARABLE
WORTH AS MEASURED BY  THE  SKILL,  EFFORT  AND  RESPONSIBILITY  NORMALLY
REQUIRED  IN  THE PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE
WORK IS NORMALLY PERFORMED.
  (B) NOTHING IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL  PROHIBIT
DIFFERING  COMPENSATION  TO  EMPLOYEES WHERE SUCH COMPENSATION IS CALCU-
LATED PURSUANT TO:
  (1) A BONA FIDE SENIORITY SYSTEM;
  (2) A MERIT SYSTEM; OR
  (3) A  SYSTEM  THAT  MEASURES  EARNINGS  BY  QUANTITY  OR  QUALITY  OF
PRODUCTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD04853-01-9

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