Senate Bill S2968

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

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Mar 09, 2009	referred to investigations and government operations

2009-S2968 (ACTIVE) - Details

See Assembly Version of this Bill:: A2351
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S399, A3690

2009-S2968 (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-S2968 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2968

 TITLE OF BILL :
An act to amend the executive law, in relation to making it a
discriminatory practice to compensate employees of different sexes
differently for work that is of comparable worth


 PURPOSE OF GENERAL IDEAL OF BILL :
To remedy historical patterns of compensation, most frequently in
female-dominated occupations, that cause female employees to be paid
less than male counterparts in comparable jobs.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would make it an unlawful discriminatory practice under
Section 296 of the Executive Law for an employer to discriminate
between male and female employees, by compensating employees of
different sexes differently, for work that is of comparable worth to
the employer. The worth of various jobs would be measured by the
skill, effort, and responsibility normally required in the performance
of work, and the conditions under which the work is normally
performed.

Compensation systems based on seniority, merit, or quantity or quality
of production without regard to sex would be exempt from the
provisions of this bill. Employers would not be permitted to comply

with this bill by reducing the compensation of any employee or of any
position.  Employers would not be found to be in violation of this law
for three years, as long as they were taking steps to implement a
comparable worth standard.

 JUSTIFICATION :
The bill extends the right of "equal pay for equal work" to include
equal pay for work that is comparable, 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.
Currently, traditional female-dominated job titles are often
under-valued in an employer's pay scales, relative to comparable male
dominated job titles. For example, clerk-typists may be paid less than
custodians, emergency services operators less than fire dispatchers,
and registered nursing assistants less than plumbers, although job
requirements are comparable. This bill would make this type of
discrimination a violation of the Human Rights Law.

 PRIOR LEGISLATIVE HISTORY :
1998 - 2006: Passed Assembly. 2007-08:  A6959; referred to
Investigations and Government Operations, amend and recommit to
Investigations and Government Operations, referred to Investigations
and Government Operations.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Ninety days after it becomes law.

2009-S2968 (ACTIVE) - Bill Text download pdf

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

                                  2968

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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.
  (C)  AN EMPLOYER WHO IS IN VIOLATION OF THIS SUBDIVISION SHALL NOT, IN
ORDER TO COMPLY WITH THIS SUBDIVISION, REDUCE THE  COMPENSATION  OF  ANY
EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
  (D)  AN  AGREEMENT  BY  ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPEN-
SATION TO WHICH THE EMPLOYEE IS ENTITLED UNDER  THIS  SUBDIVISION  SHALL

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

S. 2968                             2

NOT  BE  A  BAR  TO  ANY ACTION TO WHICH THE EMPLOYEE WOULD OTHERWISE BE
ENTITLED TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION.
  (E)  NOTHING  SET  FORTH  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO
IMPEDE, INFRINGE OR DIMINISH THE RIGHTS AND  BENEFITS  WHICH  ACCRUE  TO
EMPLOYEES  THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHER-
WISE DIMINISH  THE  INTEGRITY  OF  THE  EXISTING  COLLECTIVE  BARGAINING
RELATIONSHIP.
  (F)  NO EMPLOYER SHALL BE FOUND TO BE IN VIOLATION OF THIS SUBDIVISION
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 SUBDIVISION, PROVIDED SUCH  EMPLOYER  HAS  INSTI-
TUTED  A  PLAN  THAT WILL LEAD TO COMPLIANCE WITH THIS SUBDIVISION AFTER
SUCH THREE YEAR PERIOD EXPIRES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S2968

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2009-S2968 (ACTIVE) - Details

2009-S2968 (ACTIVE) - Summary

2009-S2968 (ACTIVE) - Sponsor Memo

2009-S2968 (ACTIVE) - Bill Text download pdf

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2009-S2968 (ACTIVE) - Details

2009-S2968 (ACTIVE) - Summary

2009-S2968 (ACTIVE) - Sponsor Memo

2009-S2968 (ACTIVE) - Bill Text download pdf

Comments