S T A T E O F N E W Y O R K
________________________________________________________________________
5391--A
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- recommitted to the Committee on Civil Service and Pensions in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT directing the president of the civil service commission to study
and publish a report evaluating wage disparities among public employ-
ers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Policy of the state. It is the policy of this state to
pursue the establishment of equitable compensation relationships between
female-dominated, male-dominated, and other segregated titles to elimi-
nate wage disparities in public employment statewide. Compensation
relationships are equitable when the primary consideration in negotiat-
ing, establishing, recommending, and approving total wages is the equiv-
alent value of the job title content in relationship to other job titles
and position classifications in civil service.
S 2. Definitions. For the purposes of this act,
(a) the term "public employer" shall have the same meaning as in
subdivision six of section 201 of the civil service law;
(b) the term "position classification" shall have the same meaning as
in subdivision eleven of section two of the civil service law;
(c) the term "equal jobs" shall mean jobs that are equal within the
meaning of the Equal Pay Act of 1963, 29 U.S.C. 206(d);
(d) the term "equivalent jobs" shall mean jobs or occupations that are
equal within the meaning of the Equal Pay Act of 1963, 29 U.S.C.
206(d), or jobs or occupations that are dissimilar but whose require-
ments are equivalent when viewed as a composite of the skills, effort,
responsibilities and working conditions required by the work;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02403-02-4
S. 5391--A 2
(e) the term "comparable worth" shall mean the equivalent value of two
or more job titles for the purpose of establishing equivalent compen-
sation; and
(f) the term "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, bonus-
es, commissions, awards, tips, or various forms of non-monetary compen-
sation if provided in lieu of or in addition to monetary compensation
and that have economic value to an employee.
S 3. The president of the state civil service commission is hereby
directed to study and publish a report evaluating among public employers
the existence of wage disparities related to the job titles segregated
by the gender, race and/or national origin of the employees in the
titles. The study and report shall include, but not be limited to:
(i) the extent of wage disparities among job titles or position clas-
sifications of equal value;
(ii) the extent of segregation of job titles or position classifica-
tions by gender, race and national origin;
(iii) the identification of segregated job titles or position classi-
fications that are equivalent and of comparable worth;
(iv) the extent of wage disparities in segregated job titles or posi-
tion classifications that are equivalent and of comparable worth;
(v) the need for adjustment of wage rates for equivalent job titles or
position classifications to provide compensation of comparable worth;
and
(vi) the plans for adjusting wage rates and other recommendations to
address any wage disparities in both equal jobs and in segregated job
titles or position classifications that are equivalent and of comparable
worth.
S 4. Such study shall use methodologies, such as a systematic point
factor job evaluation system, that do not undervalue jobs or position
classifications that disproportionately employ women and/or racial
and/or national origin minorities to analyze job title or position clas-
sification content and equivalent value.
S 5. The president of the commission shall use the prescribed method-
ology to determine if there are wage disparities in segregated titles
based on the equivalent value of the work. The president of the commis-
sion shall also, by January 1, 2016, submit the above described
published report to the speaker of the assembly, the minority leader of
the assembly, the temporary president of the senate, the minority leader
of the senate and the governor's office of employee relations.
S 6. This act shall take effect immediately.