Assembly Bill A7194

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

                                  7194

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee on Governmental Employees

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07365-01-3
              

A. 7194                             2

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
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.