S T A T E O F N E W Y O R K
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1574--A
Cal. No. 75
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. JAFFEE, GALEF, COLTON, HEVESI, SOLAGES, JOYNER,
MOSLEY, CERETTO, SKOUFIS, RAMOS, GOTTFRIED, ROBINSON, SEAWRIGHT,
WEPRIN, OTIS, WALKER, LINARES, JEAN-PIERRE -- Multi-Sponsored by -- M.
of A. BRENNAN, CAHILL, COOK, DINOWITZ, FARRELL, GLICK, LAVINE, LUPAR-
DO, MARKEY, PERRY, RIVERA, SCHIMEL, SIMON, STECK, THIELE, TITUS --
read once and referred to the Committee on Governmental Employees --
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06061-03-6
A. 1574--A 2
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
EMPLOYMENTS UNDER THE JURISDICTION OF SUCH LOCAL CIVIL SERVICE ADMINIS-
TRATION PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-THREE OF THIS
TITLE.
A. 1574--A 3
4. BY OCTOBER FIRST, TWO THOUSAND SEVENTEEN, AND EVERY FIVE YEARS
THEREAFTER, 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 EIGHTEEN, 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.