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Assembly Bill A3690

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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2011-A3690 (ACTIVE) - Details

See Senate Version of this Bill:
S399
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in 2009-2010 Legislative Session:
A2351, S2968

2011-A3690 (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.

2011-A3690 (ACTIVE) - Bill Text download pdf 

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

                                  3690

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by M. of A. LIFTON, DESTITO, AUBRY, BENEDETTO, BING, COLTON,
  GOTTFRIED, JAFFEE, JEFFRIES, SCHROEDER, WRIGHT, GALEF, SCHIMEL, LUPAR-
  DO, LANCMAN -- Multi-Sponsored by -- M. of A.  BOYLAND,  BROOK-KRASNY,
  CAHILL,  CLARK,  GABRYSZAK,  GLICK,  GUNTHER,  HOOPER, JACOBS, MAISEL,
  McENENY, PEOPLES-STOKES, PHEFFER, REILLY, J. RIVERA, ROBINSON,  ROSEN-
  THAL, TOWNS -- read once and referred to the Committee on Governmental
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01054-01-1

A. 3690                             2

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