S T A T E O F N E W Y O R K
________________________________________________________________________
2707
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. KATZ -- Multi-Sponsored by -- M. of A. FINCH,
LUPINACCI, TENNEY -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law and the penal law, in relation to
implementing stricter penalties for unlawful wage discrimination and
creating the crime of unlawful wage discrimination
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 296 of the executive law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1)(I) NO EMPLOYER SHALL DISCRIMINATE, WITHIN ANY ESTABLISHMENT IN
WHICH INDIVIDUALS ARE EMPLOYED, BETWEEN EMPLOYEES ON BASIS OF SEX BY
PAYING WAGES TO EMPLOYEES IN SUCH ESTABLISHMENT AT A RATE LESS THAN THE
RATE AT WHICH HE OR SHE PAYS WAGES TO EMPLOYEES OF THE OPPOSITE SEX IN
SUCH ESTABLISHMENT FOR EQUAL WORK ON JOBS THE PERFORMANCE OF WHICH
REQUIRES EQUAL SKILL, EFFORT, AND RESPONSIBILITY, AND WHICH ARE
PERFORMED UNDER SIMILAR WORKING CONDITIONS. PROVIDED, HOWEVER, THAT AN
EMPLOYER WHO IS PAYING A WAGE RATE DIFFERENTIAL IN VIOLATION OF THIS
PARAGRAPH SHALL NOT, IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS
PARAGRAPH, REDUCE THE WAGE RATE OF ANY EMPLOYEE.
(II) IN ADDITION TO ANY CIVIL CAUSES OF ACTION, A PERSON THAT KNOWING-
LY DISCRIMINATES UNDER THE PROVISIONS OF THIS PARAGRAPH, MAY BE CHARGED
WITH THE CRIME OF UNLAWFUL WAGE DISCRIMINATION PURSUANT TO THE
PROVISIONS OF SECTION 245.07 OF THE PENAL LAW.
S 2. The penal law is amended by adding a new section 245.07 to read
as follows:
S 245.07 UNLAWFUL WAGE DISCRIMINATION.
A PERSON IS GUILTY OF UNLAWFUL WAGE DISCRIMINATION WHEN HE OR SHE
KNOWINGLY, PAYS WAGES AT A RATE LESS THAN THE RATE PAID TO EMPLOYEES OF
THE OPPOSITE SEX WITHIN THE SAME ESTABLISHMENT FOR EQUAL WORK ON JOBS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04440-01-5
A. 2707 2
THE PERFORMANCE OF WHICH REQUIRES EQUAL SKILL, EFFORT, AND RESPONSIBIL-
ITY, AND WHICH ARE PERFORMED UNDER SIMILAR WORKING CONDITIONS.
UNLAWFUL WAGE DISCRIMINATION IS A CLASS C FELONY.
S 3. Subdivision 1 of section 80.10 of the penal law, as amended by
section 28 of subpart A of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
1. In general. A sentence to pay a fine, when imposed on a corporation
for an offense defined in this chapter or for an offense defined outside
this chapter for which no special corporate fine is specified, shall be
a sentence to pay an amount, fixed by the court, not exceeding:
(a) Ten thousand dollars, when the conviction is of a felony;
(b) Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term of imprison-
ment in excess of three months is authorized;
(c) Two thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the authorized term
of imprisonment is not in excess of three months;
(d) Five hundred dollars, when the conviction is of a violation;
(e) FIFTEEN THOUSAND DOLLARS, WHEN THE CONVICTION IS FOR THE CLASS C
FELONY OF UNLAWFUL WAGE DISCRIMINATION;
(F) Any higher amount not exceeding double the amount of the corpo-
ration's gain from the commission of the offense or, if the corporation
is convicted of a crime defined in article four hundred ninety-six of
this chapter, any higher amount not exceeding three times the amount of
the corporation's gain from the commission of such offense.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.