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

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Archive: Last Bill Status - In Committee


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

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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 - Bill Details

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

S399 - Bill Texts

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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.

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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
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
2007-2008: S.2665/A.6959A
2009-2010: S/2968/A.2351

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Ninety days after it becomes law.


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                    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.
                                                           LBD01054-01-1

S. 399                              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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