senate Bill S3685B

2013-2014 Legislative Session

Discriminatory practices where public employers 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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to civil service and pensions
Jun 18, 2013 print number 3685b
Jun 18, 2013 amend (t) and recommit to civil service and pensions
May 29, 2013 print number 3685a
amend and recommit to civil service and pensions
Feb 11, 2013 referred to civil service and pensions

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3685 - Details

Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Add §153, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1680
2009-2010: S5480

S3685 - Summary

Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth; provides for exceptions.

S3685 - Bill Text download pdf

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

                                  3685

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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  making  it  a
  discriminatory  practice  for public employers 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.  The  civil service law is amended by adding a new section
153 to read as follows:
  S 153. WAGE DISCRIMINATION BY SEX PROHIBITED.    1.  IT  SHALL  BE  AN
UNLAWFUL  DISCRIMINATORY  PRACTICE FOR ANY PUBLIC EMPLOYER IN THIS STATE
TO DISCRIMINATE BETWEEN EMPLOYEES IN ITS EMPLOY 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 OTHER EMPLOYEES OF THE OPPOSITE SEX ARE
COMPENSATED FOR POSITIONS OR TITLES WHICH HAVE COMPARABLE WORTH AS MEAS-
URED BY THE SKILL, EFFORT AND RESPONSIBILITY NORMALLY  REQUIRED  IN  THE
PERFORMANCE  OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS NORMALLY
PERFORMED.
  2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT DIFFERING
COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCULATED PURSUANT
TO A BONA FIDE SENIORITY SYSTEM.
  3. A PUBLIC EMPLOYER WHO IS IN VIOLATION OF THIS SECTION SHALL NOT, IN
ORDER TO COMPLY WITH  THIS  SECTION,  REDUCE  THE  COMPENSATION  OF  ANY
EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
  4. AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPENSATION
TO  WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SECTION SHALL NOT BE A BAR
TO ANY ACTION TO WHICH THE  EMPLOYEE  WOULD  OTHERWISE  BE  ENTITLED  TO
ENFORCE THE PROVISIONS OF THIS SECTION.
  5.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02625-02-3

S3685A - Details

Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Add §153, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1680
2009-2010: S5480

S3685A - Summary

Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth; provides for exceptions.

S3685A - Sponsor Memo

S3685A - Bill Text download pdf

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

                                 3685--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  civil  service  law, in relation to making it a
  discriminatory practice for public employers 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. The civil service law is amended by adding  a  new  section
153 to read as follows:
  S  153.  WAGE  DISCRIMINATION  BY  SEX PROHIBITED.   1. IT SHALL BE AN
UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC EMPLOYER IN  THIS  STATE
TO  DISCRIMINATE BETWEEN EMPLOYEES IN ITS EMPLOY 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 OTHER EMPLOYEES OF THE OPPOSITE SEX ARE
COMPENSATED FOR POSITIONS OR TITLES WHICH HAVE COMPARABLE WORTH AS MEAS-
URED  BY  THE  SKILL, EFFORT AND RESPONSIBILITY NORMALLY REQUIRED IN THE
PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS  NORMALLY
PERFORMED.
  2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT DIFFERING
COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCULATED PURSUANT
TO A BONA FIDE SENIORITY SYSTEM.
  3. A PUBLIC EMPLOYER WHO IS IN VIOLATION OF THIS SECTION SHALL NOT, IN
ORDER  TO  COMPLY  WITH  THIS  SECTION,  REDUCE  THE COMPENSATION OF ANY
EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
  4. AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPENSATION
TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SECTION SHALL NOT BE A  BAR
TO  ANY  ACTION  TO  WHICH  THE  EMPLOYEE WOULD OTHERWISE BE ENTITLED TO
ENFORCE THE PROVISIONS OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02625-03-3

S3685B (ACTIVE) - Details

Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Add §153, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1680
2009-2010: S5480

S3685B (ACTIVE) - Summary

Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth; provides for exceptions.

S3685B (ACTIVE) - Bill Text download pdf

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

                                 3685--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the civil service law, in relation to discriminatory
  practices where public employers  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. The civil service law is amended by adding  a  new  section
153 to read as follows:
  S  153.  WAGE  DISCRIMINATION  BY  SEX PROHIBITED.   1. IT SHALL BE AN
UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC EMPLOYER IN  THIS  STATE
TO  DISCRIMINATE BETWEEN EMPLOYEES IN ITS EMPLOY 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 OTHER EMPLOYEES OF THE OPPOSITE SEX ARE
COMPENSATED FOR POSITIONS OR TITLES WHICH HAVE COMPARABLE WORTH AS MEAS-
URED  BY  THE  SKILL, EFFORT AND RESPONSIBILITY NORMALLY REQUIRED IN THE
PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS  NORMALLY
PERFORMED.
  2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT DIFFERING
COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCULATED PURSUANT
TO A BONA FIDE SENIORITY SYSTEM.
  3. A PUBLIC EMPLOYER WHO IS IN VIOLATION OF THIS SECTION SHALL NOT, IN
ORDER  TO  COMPLY  WITH  THIS  SECTION,  REDUCE  THE COMPENSATION OF ANY
EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
  4. AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPENSATION
TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SECTION SHALL NOT BE A  BAR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02625-04-3

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