senate Bill S7057

2011-2012 Legislative Session

Establishes policy of equal pay for comparable work regardless of sex, race or national origin and requires corrective action therefor

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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
Apr 26, 2012 referred to civil service and pensions

S7057 - Bill Details

Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Amd §§115 & 118, add §119, Civ Serv L

S7057 - Bill Texts

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Implements compliance with the federal Equal Pay Act of 1963 by establishing a state policy of compensating employees in state civil service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin; requires the president of the civil service commission to report annually to the legislature and the office for employee relations on those segregated titles for which wage disparity exists; directs the governor to appropriate moneys to ensure wage disparities are corrected.

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BILL NUMBER:S7057

TITLE OF BILL:
An act to amend the civil service law, in relation to implementing a
state policy of setting salaries on the basis of comparability of value
of the work

PURPOSE:
This legislation will establish a policy of equal pay for comparable
work regardless of sex, race or national origin and requires corrective
action therefor.

SUMMARY OF PROVISIONS:
Section One - states it is the policy of the state of New York to comply
with the letter and spirit of the federal "equal Pay Act of 1963" which
requires that employees of both sexes receive equal pay for equal work,
the federal "Civil Rights Act of 1964, which prohibits discrimination on
the basis of sex, race and national origin in all terms of employment,
section forty-c of the civil rights law, which prohibits discrimination
on the basis of race, creed, color, national origin, sex, sexual orien-
tation or marital status and article fifteen of the executive law, which
prohibits discrimination on the basis of sex, race, sexual orientation
or national origin in all terms of employment.

Section One - will make New York state consistent with this law, it is
the policy of the state to ensure a fair, non-biased wage structure for
its employees in which sex, race, sexual orientation or national origin
is not a consideration either directly or indirectly in determining the
properly compensation for a title in state service, not in determining
the proper compensation or a title in state service, nor in determining
the pay for any individual or group employees. The state will declare a
policy of the state to provide equal pay for similar work and for work
of comparable value.

Section Two - states comparable value shall be determined by comparing
job titles on the basis of standards which include the composite of such
basic elements of a job as the knowledge, skills, accountability, mental
or physical stress and effort, extraordinary dangers and responsibil-
ities normally required to satisfactorily perform the job. The principle
of fair and equal pay for work of comparable value requires that consid-
eration of sex, race, sexual orientation or national origin shall not
influence directly or indirectly the establishment of salaries.

Section Three - states the comparability of value of work, segregated
job titles reviewed and adjusted. The legislature finds that despite the
policy of the state, job titles may have undervalued and assigned wages
which do not reflect the relative worth of the job. It is the intent of
the legislature to remedy such undervaluation and to correct such
disparities. "Segregated titles" are defined as titles or any class of
titles in which the number of incumbents of a sex, race or national
origin is greater than the sum of the percentage of that sex, race or

national origin in the state service, (P) plus twenty percent of that
percentage (.2 (P)). This is represented by the formula (X = P + .2
(P)).

Section Three - states the President of the Civil Service Commission
shall, by January first of each year, submit to the legislature and the
office of employee relations, a list showing, by employee organization
and for management/confidential employees, those segregated titles for
which a disparity exists based on the comparability of the value of
work. The president shall also submit to the legislature, the office of
employee relations and the division of the budget along with the list,
an estimate of the appropriation necessary to correct such disparities.

Beginning with the budget requests for the second fiscal year commencing
after the effective date of this section, the governor shall include the
appropriation necessary to ensure that salaries are set in accordance
with subdivision one of this section. No salary shall be reduced to
achieve comparable compensation under the provisions of this section.

Section Four - this act shall take effect immediately.

JUSTIFICATION:
Only a portion of the difference between men's and women's pay can be
attributed to measurable differences in women's and men's character-
istics, while the remainder of the pay gap is most likely due to system-
atic sex discrimination. According to the Government Accounting Office
(GAO) by 2010 (when 46 percent of workers were female) women overall
were averaging 77 cents for that dollar, slow but significant progress.
However, that number belies some additional margins: Black women earned
only 61 cents and Latino women earned only 52 cents, lower than the
total average in 1963.

This legislation will implement the state policy of compensating employ-
ees in state service equally for work of comparable value by eliminating
wage inequality in job titles which have been segregated by sex, race or
national origin.

LEGISLATIVE HISTORY:
Same as A.2661A, 2007

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This law will take effect immediately.

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

                                  7057

                            I N  S E N A T E

                             April 26, 2012
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, in  relation  to  implementing  a
  state  policy  of  setting  salaries  on the basis of comparability of
  value of the work

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 115 of the civil service law, as added by chapter
790 of the laws of 1958, is amended to read as follows:
  S 115.  Policy of the state. IT IS THE POLICY OF THE STATE OF NEW YORK
TO COMPLY WITH THE LETTER AND SPIRIT OF THE FEDERAL "EQUAL  PAY  ACT  OF
1963,"  PUB. L. 88-38 (29 U.S.C. S 206) WHICH REQUIRES THAT EMPLOYEES OF
BOTH SEXES RECEIVE EQUAL PAY FOR EQUAL WORK, THE FEDERAL  "CIVIL  RIGHTS
ACT  OF  1964,"  PUB.  L.   88-352 (42 U.S.C. S 2000E-2) WHICH PROHIBITS
DISCRIMINATION ON THE BASIS OF SEX, RACE  AND  NATIONAL  ORIGIN  IN  ALL
TERMS  OF  EMPLOYMENT,  SECTION  FORTY-C  OF THE CIVIL RIGHTS LAW, WHICH
PROHIBITS DISCRIMINATION ON THE BASIS OF RACE,  CREED,  COLOR,  NATIONAL
ORIGIN, SEX, SEXUAL ORIENTATION OR MARITAL STATUS AND ARTICLE FIFTEEN OF
THE  EXECUTIVE  LAW, WHICH PROHIBITS DISCRIMINATION ON THE BASIS OF SEX,
RACE, SEXUAL ORIENTATION OR NATIONAL ORIGIN IN ALL TERMS OF  EMPLOYMENT.
CONSISTENT  WITH  THESE  LAWS, IT IS THE POLICY OF THE STATE TO ENSURE A
FAIR, NON-BIASED WAGE STRUCTURE FOR ITS EMPLOYEES IN  WHICH  SEX,  RACE,
SEXUAL  ORIENTATION  OR  NATIONAL  ORIGIN  IS NOT A CONSIDERATION EITHER
DIRECTLY OR INDIRECTLY IN DETERMINING  THE  PROPER  COMPENSATION  FOR  A
TITLE IN STATE SERVICE, NOR IN DETERMINING THE PAY FOR ANY INDIVIDUAL OR
GROUP  OF  EMPLOYEES.   In order to attract unusual merit and ability to
the service of the state of New York,  to  stimulate  higher  efficiency
among  the  personnel,  to  provide skilled leadership in administrative
departments, to reward merit and to insure to the people and the taxpay-
ers of the state of New York the highest  return  in  services  for  the
necessary  costs of government, it is [hereby declared to be] the policy
of the state to provide equal pay for [equal] SIMILAR work AND FOR  WORK
OF  COMPARABLE  VALUE, and regular increases in pay in proper proportion

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15400-01-2

S. 7057                             2

to increase of ability, increase of output and increase  of  quality  of
work demonstrated in service.
  S  2.  Paragraph  (c)  of  subdivision  1  of section 118 of the civil
service law, as added by chapter 790 of the laws of 1958, is amended  to
read as follows:
  (c)  The principle of fair and equal pay for similar work AND FOR WORK
OF COMPARABLE VALUE shall be followed in the classification and  reclas-
sification  and the allocation and reallocation of positions pursuant to
this article and all positions having the same title shall be  allocated
to  the  same  salary  grade.  COMPARABLE  VALUE  SHALL BE DETERMINED BY
COMPARING JOB TITLES ON THE BASIS OF STANDARDS WHICH INCLUDE THE COMPOS-
ITE OF SUCH BASIC ELEMENTS OF A JOB AS THE KNOWLEDGE,  SKILLS,  ACCOUNT-
ABILITY, MENTAL OR PHYSICAL STRESS AND EFFORT, EXTRAORDINARY DANGERS AND
RESPONSIBILITIES  NORMALLY  REQUIRED  TO SATISFACTORILY PERFORM THE JOB.
THE PRINCIPLE OF FAIR  AND  EQUAL  PAY  FOR  WORK  OF  COMPARABLE  VALUE
REQUIRES THAT CONSIDERATION OF SEX, RACE, SEXUAL ORIENTATION OR NATIONAL
ORIGIN  SHALL  NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF
SALARIES.
  S 3. The civil service law is amended by adding a new section  119  to
read as follows:
  S  119. COMPARABILITY OF VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED
AND ADJUSTED. 1. THE LEGISLATURE FINDS THAT DESPITE THE  POLICY  OF  THE
STATE  AS  DECLARED  IN  SECTION  ONE HUNDRED FIFTEEN OF THIS TITLE, JOB
TITLES WHICH ARE SEGREGATED BY SEX, RACE OR  NATIONAL  ORIGIN  MAY  HAVE
BEEN  UNDERVALUED  AND  ASSIGNED WAGES WHICH DO NOT REFLECT THE RELATIVE
WORTH OF THE JOB. IT IS THE INTENT OF THE  LEGISLATURE  TO  REMEDY  SUCH
UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
  2.  FOR  PURPOSES OF THIS SECTION "SEGREGATED TITLES (X)" MEANS TITLES
OR ANY CLASS OF TITLES IN WHICH THE NUMBER OF INCUMBENTS OF A SEX,  RACE
OR  NATIONAL  ORIGIN  IS  GREATER THAN THE SUM OF THE PERCENTAGE OF THAT
SEX, RACE OR NATIONAL ORIGIN  IN  THE  STATE  SERVICE  (P)  PLUS  TWENTY
PERCENT  OF  THAT PERCENTAGE (.2(P)). THIS IS REPRESENTED BY THE FORMULA
(X = P + .2(P)).
  3. THE PRESIDENT SHALL, BY JANUARY FIRST OF EACH YEAR, SUBMIT  TO  THE
LEGISLATURE  AND  THE  OFFICE  OF EMPLOYEE RELATIONS, A LIST SHOWING, BY
EMPLOYEE ORGANIZATION AND FOR MANAGEMENT/CONFIDENTIAL  EMPLOYEES,  THOSE
SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE COMPARABILI-
TY  OF  THE  VALUE  OF  THE WORK. THE PRESIDENT SHALL ALSO SUBMIT TO THE
LEGISLATURE, THE OFFICE OF EMPLOYEE RELATIONS AND THE  DIVISION  OF  THE
BUDGET  ALONG  WITH THE LIST, AN ESTIMATE OF THE APPROPRIATION NECESSARY
TO CORRECT SUCH DISPARITIES.
  4. BEGINNING WITH THE BUDGET  REQUESTS  FOR  THE  SECOND  FISCAL  YEAR
COMMENCING  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
INCLUDE THE APPROPRIATION NECESSARY TO ENSURE THAT SALARIES ARE  SET  IN
ACCORDANCE  WITH SUBDIVISION ONE OF THIS SECTION AND SECTION ONE HUNDRED
FIFTEEN, AND PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  ONE  HUNDRED
EIGHTEEN OF THIS TITLE.
  5. NO SALARY SHALL BE REDUCED TO ACHIEVE COMPARABLE COMPENSATION UNDER
THE PROVISIONS OF THIS SECTION.
  S 4. This act shall take effect immediately.

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