|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to investigations and government operations|
|Jan 05, 2011||referred to investigations and government operations|
senate Bill S399
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S399 - Details
- Current Committee:
- Law Section:
- Executive Law
- Laws Affected:
- Amd §296, Exec L
- Versions Introduced in 2009-2010 Legislative Session:
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
BILL NUMBER:S399 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
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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