S T A T E   O F   N E W   Y O R K
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                                 6448--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2011
                               ___________

Introduced  by  M.  of A. JAFFEE, LIFTON, MILLMAN, GALEF, COLTON, CLARK,
  ROSENTHAL, WEPRIN, STEVENSON, P. RIVERA, FARRELL -- Multi-Sponsored by
  -- M. of A.  ABINANTI, ARROYO, AUBRY, BOYLAND, BRENNAN, CAHILL, DINOW-
  ITZ, GIBSON, GLICK, GOTTFRIED, HEASTIE, HEVESI, HOOPER, JACOBS, LATIM-
  ER, LAVINE, LENTOL, LUPARDO, MAGNARELLI, MARKEY, McENENY, MENG, NOLAN,
  PAULIN, PEOPLES-STOKES, N. RIVERA, RODRIGUEZ, RUSSELL, SCHIMEL,  SIMO-
  TAS, SWEENEY, TITUS, WEINSTEIN, ZEBROWSKI -- read once and referred to
  the  Committee on Governmental Employees -- recommitted to the Commit-
  tee on Governmental Employees in accordance with Assembly Rule 3, sec.
  2 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

AN  ACT  to  amend  the civil service law, in relation to implementing a
  state policy of fair and equal pay for equivalent value of work

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

  Section 1. The civil service law is amended by adding a new section 28
to read as follows:
  S  28.  POLICY OF THE STATE. 1. IT IS THE POLICY OF NEW YORK STATE AND
ALL POLITICAL SUBDIVISIONS THEREOF 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 OR
NATIONAL ORIGIN IN ALL TERMS OF EMPLOYMENT, ARTICLE FIFTEEN OF THE EXEC-
UTIVE LAW AND SECTION FORTY-C OF THE CIVIL RIGHTS  LAW,  WHICH  PROHIBIT
DISCRIMINATION ON THE BASIS OF SEX, RACE 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 COMPENSATION STRUCTURE FOR ALL EMPLOYEES IN
WHICH SEX, RACE OR NATIONAL ORIGIN IS NOT A CONSIDERATION EITHER DIRECT-
LY  OR  INDIRECTLY  IN  DETERMINING  THE  PROPER WAGES FOR A TITLE OR IN
DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF  EMPLOYEES.  FOR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01707-02-2
              

A. 6448--A                          2

PURPOSE  OF  THIS  SECTION,  THE  TERMS  "WAGES"  AND "WAGE RATES" SHALL
INCLUDE ALL COMPENSATION IN  ANY  FORM  THAT  AN  EMPLOYER  PROVIDES  TO
EMPLOYEES  IN  PAYMENT FOR WORK DONE OR SERVICES RENDERED, INCLUDING BUT
NOT  LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR VARIOUS
FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION
TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. IN
ORDER TO ATTRACT UNUSUAL MERIT AND ABILITY TO THE SERVICE OF  THE  POLI-
TICAL SUBDIVISIONS 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  TAXPAYERS  OF  THE
STATE OF NEW YORK THE HIGHEST RETURN IN SERVICES FOR THE NECESSARY COSTS
OF  GOVERNMENT,  IT  IS THE POLICY OF THE STATE TO PROVIDE EQUAL PAY FOR
EQUAL AND SIMILAR WORK AND FOR EQUIVALENT VALUE  OF  WORK,  AND  REGULAR
INCREASES  IN  PAY IN PROPER PROPORTION TO INCREASE OF ABILITY, INCREASE
OF OUTPUT AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN  SERVICE.  FOR
THE  PURPOSE  OF  THIS  SECTION,  THE  TERM  "POLITICAL  SUBDIVISION" IS
CONSISTENT WITH THE DEFINITION IN SECTION ONE  HUNDRED  OF  THE  GENERAL
MUNICIPAL LAW.
  2. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR SIMILAR WORK AND FOR EQUIV-
ALENT  VALUE OF WORK SHALL BE FOLLOWED IN THE CLASSIFICATION AND RECLAS-
SIFICATION AND THE ALLOCATION AND  REALLOCATION  OF  POSITIONS  AND  ALL
POSITIONS  HAVING  THE  SAME TITLE SHALL BE ALLOCATED TO THE SAME SALARY
GRADE. EQUIVALENT VALUE OF WORK SHALL MEAN TITLES  OR  POSITION  CLASSI-
FICATIONS  THAT  ARE  EQUAL WITHIN THE MEANING OF THE "EQUAL PAY ACT  OF
1963", PUB. L. 88-38 (29 U.S.C. 206(D)), OR TITLES OR  POSITION  CLASSI-
FICATIONS  THAT  ARE  DISSIMILAR  BUT WHOSE REQUIREMENTS ARE EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE  OF
WORK  REQUIRES  THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES.
  IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO PAY
DIFFERENT WAGE RATES TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT
TO:
  (A) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (B) THE GEOGRAPHIC LOCATION OF THE JOB; OR
  (C) ANY OTHER BONA FIDE  FACTOR  OTHER  THAN  SEX,  RACE  OR  NATIONAL
ORIGIN,  PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN DISCRIMI-
NATION BASED ON SEX, RACE OR NATIONAL ORIGIN.
  NOTHING SET FORTH IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  IMPEDE,
INFRINGE  OR  DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH COLLECTIVE BARGAINING  AGREEMENTS,  OR  OTHERWISE  DIMINISH  THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  3.  THE COMMISSION SHALL PROMULGATE REGULATIONS SPECIFYING THE METHOD-
OLOGY FOR DETERMINING EQUIVALENT VALUE OF WORK BASED ON  SKILL,  EFFORT,
RESPONSIBILITY,  AND  WORKING  CONDITIONS. ANY METHODOLOGY PRESCRIBED BY
THE COMMISSION, SUCH AS A  SYSTEMATIC  POINT  EVALUATION  SYSTEM,  SHALL
ENSURE  THAT COMPARISON SYSTEMS DO NOT IGNORE OR UNDERVALUE THE WORTH OF
JOBS WHERE WOMEN AND MINORITIES ARE DISPROPORTIONATELY REPRESENTED.  FOR
THE  PURPOSES  OF  THIS SECTION, A SEGREGATED TITLE SHALL CONSTITUTE ANY
TITLE IN WHICH THE TOTAL PERCENTAGE OF  EMPLOYEES  IN  THE  TITLE  OF  A
PARTICULAR  SEX, RACE OR NATIONAL ORIGIN IS EQUAL TO OR GREATER THAN ONE
HUNDRED TWENTY PERCENT OF THE PERCENTAGE OF THAT SEX, RACE  OR  NATIONAL
ORIGIN IN THE EMPLOY OF THE POLITICAL SUBDIVISION. THE DEPARTMENT SHALL,
UPON  THE  REQUEST  OF  ANY  LOCAL  CIVIL SERVICE ADMINISTRATION, RENDER
SERVICE OR TECHNICAL ADVICE AND  ASSISTANCE  RELATIVE  TO  THE  POSITION
CLASSIFICATION  AND  PAY  EQUITY  COMPENSATION ASSESSMENT OF OFFICES AND

A. 6448--A                          3

EMPLOYMENTS UNDER THE JURISDICTION OF SUCH LOCAL CIVIL SERVICE  ADMINIS-
TRATION  PURSUANT  TO  SUBDIVISION  ONE  OF SECTION TWENTY-THREE OF THIS
TITLE.
  4. BY OCTOBER FIRST, TWO THOUSAND THIRTEEN, AND EVERY FIVE YEARS THER-
EAFTER,  ALL  LOCAL  CIVIL  SERVICE  ADMINISTRATIONS PURSUANT TO SECTION
FIFTEEN OF THIS TITLE, SHALL SUBMIT TO THE PRESIDENT OF THE COMMISSION A
LIST  SHOWING,  BY  NEGOTIATING  UNIT  AND  FOR  MANAGEMENT/CONFIDENTIAL
EMPLOYEES, THOSE SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON
THE  EQUIVALENT VALUE OF THE WORK. THE PRESIDENT OF THE COMMISSION SHALL
COMPILE THE LISTS PROVIDED TO THEM BY THE LOCAL CIVIL  SERVICE  ADMINIS-
TRATIONS  AND,  BY  JANUARY FIRST, TWO THOUSAND FOURTEEN, AND EVERY FIVE
YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE AND THE GOVERNOR'S OFFICE OF
EMPLOYEE  RELATIONS,  A  LIST  SHOWING,  BY  NEGOTIATING  UNIT  AND  FOR
MANAGEMENT/CONFIDENTIAL  EMPLOYEES,  THOSE SEGREGATED TITLES FOR WHICH A
DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF THE WORK  AS  REPORTED
BY THE LOCAL CIVIL SERVICE ADMINISTRATIONS.
  5.  WHEN  A  LOCAL CIVIL SERVICE ADMINISTRATION CREATES NEW TITLES OR,
BECAUSE OF MERGERS OR TAKEOVERS, TRANSFERS WORKFORCE FROM ONE  TITLE  TO
ANOTHER  TITLE,  IT SHALL RE-SUBMIT TO THE PRESIDENT OF THE COMMISSION A
LIST OF ANY SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON  THE
EQUIVALENT  VALUE OF WORK, WHO WILL THEN SUBMIT THE LIST TO THE LEGISLA-
TURE.
  6. UPON THE DISCOVERY OF THE EXISTENCE OF SEGREGATED TITLES FOR  WHICH
A  DISPARITY  EXISTS BASED ON THE EQUIVALENT VALUE OF WORK, THE EMPLOYER
AND THE LOCAL CIVIL SERVICE ADMINISTRATION SHALL CORRECT THE  DISPARITY.
AN  EMPLOYER  WHO  IS IN VIOLATION OF THIS SECTION, AS DETERMINED BY THE
COMMISSION, SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION, REDUCE  THE
WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR ANY POSITION.
  S 2. This act shall take effect immediately.