senate Bill S399

2011-2012 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Jan 05, 2011 referred to investigations and government operations

S399 - Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2968

S399 - 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.

S399 - Sponsor Memo

S399 - Bill Text download pdf

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

                                   399

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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 22 to read as follows:
  22. (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.

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