The New York State Senate

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

                                 437--A
                                                         Cal. No. 32

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, JAFFEE, ROBINSON, PAULIN, SCHIMEL,
  WRIGHT, GOTTFRIED, GALEF, WEPRIN, HEVESI, ENGLEBRIGHT, SKOUFIS,  CRES-
  PO,  STECK, SKARTADOS, RUSSELL, STIRPE, SOLAGES, OTIS, WALKER, COLTON,
  MILLER, LINARES -- Multi-Sponsored by -- M. of A.  BRENNAN,  BUCHWALD,
  COOK,  DINOWITZ,  FARRELL,  GLICK,  LUPARDO,  PERRY  --  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 setting salaries on the basis of equivalent value of
  work

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  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 and
three new paragraphs (d), (e) and (f) are added to read as follows:
  (c)  The  principle  of  fair  and  equal pay for similar work AND FOR
EQUIVALENT VALUE OF WORK shall be followed  in  the  classification  and
reclassification and the allocation and reallocation of positions pursu-
ant  to  this  article  and all positions having the same title shall be
allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING  OF
THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
SIFICATIONS  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 COMPENSATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03039-04-6

A. 437--A                           2

  (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
PAY DIFFERENT COMPENSATION TO EMPLOYEES, WHERE SUCH  PAYMENTS  ARE  MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2)  A  BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY
OF PRODUCTION;
  (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS;
  (4) ANY OTHER BONA FIDE  FACTOR  OTHER  THAN  SEX,  RACE  OR  NATIONAL
ORIGIN,  SUCH  AS  EDUCATION,  TRAINING, OR EXPERIENCE. SUCH FACTOR: (A)
SHALL NOT BE BASED UPON OR DERIVED FROM A SEX, RACE, OR NATIONAL  ORIGIN
BASED  DIFFERENTIAL  IN  COMPENSATION  AND (B) SHALL BE JOB-RELATED WITH
RESPECT TO THE POSITION IN QUESTION AND SHALL BE CONSISTENT  WITH  BUSI-
NESS NECESSITY. SUCH EXCEPTION UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN
THE EMPLOYEE DEMONSTRATES (I) THAT AN EMPLOYER USES A PARTICULAR EMPLOY-
MENT  PRACTICE THAT CAUSES A DISPARATE IMPACT ON THE BASIS OF SEX, RACE,
OR NATIONAL ORIGIN, (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE  EXISTS
THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND
(III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRACTICE.
  (E)  FOR  THE  PURPOSE OF PARAGRAPH (D) OF THIS SUBDIVISION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  (F)  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.
  S 2. The civil service law is amended by adding a new section  119  to
read as follows:
  S  119.  EQUIVALENT  VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED AND
ADJUSTED.   THE CIVIL SERVICE COMMISSION  SHALL  PROMULGATE  REGULATIONS
SPECIFYING  THE  METHODOLOGY  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
FACTOR JOB EVALUATION SYSTEM, SHALL ENSURE THAT  COMPARISON  SYSTEMS  DO
NOT IGNORE OR UNDERVALUE THE WORTH OF JOBS WHERE A CERTAIN SEX, RACE, OR
NATIONAL  ORIGIN  IS DISPROPORTIONATELY REPRESENTED. FOR THE PURPOSES OF
THIS CHAPTER, A SEGREGATED TITLE SHALL CONSTITUTE ANY TITLE IN WHICH THE
TOTAL PERCENTAGE OF EMPLOYEES OF A  PARTICULAR  SEX,  RACE  OR  NATIONAL
ORIGIN  IN  THE  TITLE  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 STATE OR 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
CHAPTER.
  2.  THE  PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND EIGHTEEN, AND
EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE  AND  THE  GOVER-
NOR'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
THAT TERM IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  ONE
HUNDRED  EIGHTEEN  OF THIS TITLE. THE PRESIDENT SHALL ALSO SUBMIT TO THE
LEGISLATURE, THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND  THE  DIVI-
SION  OF  BUDGET  ALONG  WITH THE LIST, AN ESTIMATE OF THE APPROPRIATION
NECESSARY TO CORRECT SUCH DISPARITIES. WHEN THE DEPARTMENT  CREATES  NEW

A. 437--A                           3

TITLES  OR,  BECAUSE OF MERGERS OR TAKE-OVERS, TRANSFERS STATE WORKFORCE
FROM ONE TITLE TO ANOTHER TITLE, THE PRESIDENT SHALL RE-SUBMIT SUCH LIST
OF ANY SEGREGATED TITLES FOR WHICH  A  DISPARITY  EXISTS  BASED  ON  THE
EQUIVALENT VALUE OF WORK AND SHALL SUBMIT TO THE LEGISLATURE, THE GOVER-
NOR'S  OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET WITH SUCH
LIST AN ESTIMATE OF THE APPROPRIATION NECESSARY TO CORRECT SUCH DISPARI-
TIES.
  3. BY OCTOBER FIRST, TWO THOUSAND  SEVENTEEN,  AND  EVERY  FIVE  YEARS
THEREAFTER,  ALL LOCAL CIVIL SERVICE ADMINISTRATIONS 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  PRESI-
DENT OF THE COMMISSION SHALL COMPILE THE LISTS PROVIDED TO HIM OR HER BY
THE LOCAL CIVIL SERVICE ADMINISTRATIONS AND, BY JANUARY FIRST, TWO THOU-
SAND  EIGHTEEN,  AND EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLA-
TURE AND THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY
NEGOTIATING UNIT AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGRE-
GATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE EQUIVALENT  VALUE
OF THE WORK AS REPORTED BY THE LOCAL CIVIL SERVICE ADMINISTRATIONS. WHEN
A  LOCAL  CIVIL SERVICE ADMINISTRATION CREATES NEW TITLES OR, BECAUSE OF
MERGERS OR TAKE-OVERS, 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  EQUIV-
ALENT VALUE OF WORK, WHO WILL THEN SUBMIT THE LIST TO THE LEGISLATURE.
  4.  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  STATE CIVIL SERVICE COMMISSION OR LOCAL CIVIL SERVICE ADMINIS-
TRATION, AS APPLICABLE, SHALL CORRECT THE DISPARITY.
  5. AN EMPLOYER WHO IS IN VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE
OF SECTION ONE HUNDRED EIGHTEEN OF THIS  TITLE,  AS  DETERMINED  BY  THE
COMMISSION,  SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION, REDUCE THE
COMPENSATION OF ANY EMPLOYEE OR REDUCE THE COMPENSATION  FOR  ANY  POSI-
TION.
  6.  BEGINNING  WITH  THE  BUDGET  REQUESTS  FOR  THE FIRST FISCAL YEAR
COMMENCING AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR  SHALL
INCLUDE  THE  APPROPRIATION  NECESSARY  TO  ENSURE THAT COMPENSATION FOR
STATE EMPLOYEES ARE SET IN ACCORDANCE WITH SECTION ONE  HUNDRED  FIFTEEN
AND  PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED EIGHTEEN OF
THIS TITLE.
  S 3. This act shall take effect immediately.