LBD07890-01-7
A. 3020 2
INFORMATION ABOUT EITHER THE EMPLOYEE'S OWN WAGES, OR ABOUT ANY OTHER
EMPLOYEE'S WAGES. NOTHING IN THIS SUBDIVISION SHALL OBLIGATE AN EMPLOYER
TO DISCLOSE AN EMPLOYEE'S WAGES TO ANOTHER EMPLOYEE OR A THIRD PARTY;
(II) No employer shall prohibit an employee from inquiring about,
discussing, or disclosing the wages of such employee or another employ-
ee.
(B) NO EMPLOYER SHALL SEEK THE WAGE OR SALARY HISTORY OF ANY PROSPEC-
TIVE EMPLOYEE FROM THE PROSPECTIVE EMPLOYEE OR ANY CURRENT OR FORMER
EMPLOYER; PROVIDED, HOWEVER THAT, (I) NOTHING IN THIS PARAGRAPH SHALL
PROHIBIT A PROSPECTIVE EMPLOYEE FROM VOLUNTARILY DISCLOSING HIS OR HER
WAGE OR SALARY HISTORY; (II) A PROSPECTIVE EMPLOYER MAY REQUIRE A
PROSPECTIVE EMPLOYEE TO CONFIRM PRIOR WAGES OR SALARY, OR TO PERMIT THE
PROSPECTIVE EMPLOYER TO DO SO, IF THE PROSPECTIVE EMPLOYEE HAS VOLUNTAR-
ILY DISCLOSED SUCH INFORMATION; AND (III) A PROSPECTIVE EMPLOYER MAY
SEEK OR CONFIRM A PROSPECTIVE EMPLOYEE'S WAGE OR SALARY HISTORY AFTER
ANY OFFER OF EMPLOYMENT WITH COMPENSATION HAS BEEN MADE TO THE PROSPEC-
TIVE EMPLOYEE;
[(b)] (C) An employer may, in a written policy provided to all employ-
ees, establish reasonable workplace and workday limitations on the time,
place and manner for [inquires] INQUIRIES about, discussion of, or the
disclosure of wages. Such limitations shall be consistent with standards
promulgated by the commissioner and shall be consistent with all other
state and federal laws. Such limitations may include prohibiting an
employee from discussing or disclosing the wages of another employee
without such employee's prior permission.
[(c)] (D) Nothing in this subdivision shall require an employee to
disclose his or her wages. The failure of an employee to adhere to such
reasonable limitations in such written policy shall be an affirmative
defense to any claims made against an employer under this subdivision,
provided that any adverse employment action taken by the employer was
for failure to adhere to such reasonable limitations and not for mere
inquiry, discussion or disclosure of wages in accordance with such
reasonable limitations in such written policy.
[(d)] (E) This prohibition shall not apply to instances in which an
employee who has access to the wage information of other employees as a
part of such employee's essential job functions discloses the wages of
such other employees to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a complaint
or charge, or in furtherance of an investigation, proceeding, hearing,
or action under this chapter, including an investigation conducted by
the employer.
[(e)] (F) DISCHARGE OR IN ANY OTHER MANNER RETALIATE AGAINST ANY
EMPLOYEE BECAUSE THE EMPLOYEE: (I) OPPOSED ANY ACT OR PRACTICE MADE
UNLAWFUL BY THIS SECTION; (II) MADE OR INDICATED AN INTENT TO MAKE A
COMPLAINT OR HAS OTHERWISE CAUSED TO BE INSTITUTED ANY PROCEEDING UNDER
THIS SECTION; (III) TESTIFIED OR IS ABOUT TO TESTIFY, ASSIST OR PARTIC-
IPATE IN ANY MANNER IN AN INVESTIGATION OR PROCEEDING UNDER THIS
SECTION; OR (IV) DISCLOSED THE EMPLOYEE'S WAGES OR HAS INQUIRED ABOUT OR
DISCUSSED THE WAGES OF ANY OTHER EMPLOYEE.
(G) Nothing in this section shall be construed to limit the rights of
an employee provided under any other provision of law or collective
bargaining agreement.
§ 4. The civil service law is amended by adding a new section 28 to
read as follows:
§ 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
A. 3020 3
OF THE FEDERAL "EQUAL PAY ACT OF 1963," PUB. L. 88-38 (29 U.S.C. § 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.
§ 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
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,
A. 3020 4
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.
4. BY OCTOBER FIRST, TWO THOUSAND EIGHTEEN, AND EVERY FIVE YEARS THER-
EAFTER, 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 NINETEEN, 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.
§ 5. The executive law is amended by adding a new article 15-D to read
as follows:
ARTICLE 15-D
EQUAL PAY DISCLOSURE WITH RESPECT TO STATE CONTRACTS
SECTION 328-B. DEFINITIONS.
328-C. EQUAL PAY DISCLOSURE; REPORTING.
328-D. PROHIBITIONS IN CONTRACTS; VIOLATIONS.
§ 328-B. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "EQUAL PAY REPORT" SHALL MEAN A SUMMARY OF DATA, IN A FORM CONSIST-
ENT WITH REGULATIONS PROMULGATED BY THE COMPTROLLER PURSUANT TO SECTION
THREE HUNDRED TWENTY-EIGHT-C OF THIS ARTICLE, ON EMPLOYEE COMPENSATION
BY GENDER, RACE, ETHNICITY, SPECIFIED JOB CATEGORIES, AND OTHER RELEVANT
DATA.
2. "CONTRACTING AGENCY" SHALL MEAN A STATE AGENCY WHICH IS A PARTY OR
A PROPOSED PARTY TO A STATE CONTRACT.
A. 3020 5
3. "CONTRACTOR" SHALL MEAN AN INDIVIDUAL, A BUSINESS ENTERPRISE,
INCLUDING A SOLE PROPRIETORSHIP, A PARTNERSHIP, A CORPORATION, A LIMITED
LIABILITY COMPANY, A NOT-FOR-PROFIT CORPORATION, OR ANY OTHER PARTY TO A
STATE CONTRACT, AS DEFINED IN SUBDIVISION EIGHT OF THIS SECTION OR A
BIDDER IN CONJUNCTION WITH THE AWARD OF A STATE CONTRACT OR A PROPOSED
PARTY TO A STATE CONTRACT. FOR THE PURPOSES OF THIS ARTICLE, "CONTRAC-
TOR" SHALL NOT INCLUDE A SMALL BUSINESS, AS DEFINED IN SUBDIVISION NINE
OF THIS SECTION.
4. "LARGE COUNTY" SHALL MEAN A COUNTY HAVING A POPULATION IN EXCESS OF
TWO HUNDRED EIGHTY-FIVE THOUSAND ACCORDING TO THE MOST RECENT FEDERAL
DECENNIAL CENSUS, PROVIDED HOWEVER, THAT A COUNTY HAVING A POPULATION IN
EXCESS OF TWO HUNDRED EIGHTY-FIVE THOUSAND ACCORDING TO THE TWO THOUSAND
TEN FEDERAL DECENNIAL CENSUS SHALL CONTINUE TO BE A LARGE COUNTY THERE-
AFTER NOTWITHSTANDING A LATER CENSUS SHOWING A POPULATION OF LESS THAN
TWO HUNDRED EIGHTY-FIVE THOUSAND FOR SUCH COUNTY.
5. "METROPOLITAN AREA" SHALL MEAN A CITY WITH A POPULATION OF ONE
MILLION OR MORE AND A COUNTY HAVING A POPULATION IN EXCESS OF ONE
MILLION AND IMMEDIATELY CONTIGUOUS TO SUCH CITY.
6. "STATE AGENCY" SHALL MEAN:
(A)(I) ANY STATE DEPARTMENT, OR (II) ANY DIVISION, BOARD, COMMISSION
OR BUREAU OF ANY STATE DEPARTMENT, OR (III) THE STATE UNIVERSITY OF NEW
YORK AND THE CITY UNIVERSITY OF NEW YORK, INCLUDING ALL THEIR CONSTITU-
ENT UNITS EXCEPT COMMUNITY COLLEGES AND THE INDEPENDENT INSTITUTIONS
OPERATING STATUTORY OR CONTRACT COLLEGES ON BEHALF OF THE STATE, OR (IV)
A BOARD, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY THE GOVERNOR OR
WHO SERVE BY VIRTUE OF BEING STATE OFFICERS OR EMPLOYEES AS DEFINED IN
SUBPARAGRAPH (I), (II), OR (III) OF THIS PARAGRAPH OR PARAGRAPH (I) OF
SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
(B) A "STATE AUTHORITY," AS DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, AND THE FOLLOWING:
ALBANY COUNTY AIRPORT AUTHORITY;
ALBANY PORT DISTRICT COMMISSION;
ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
BATTERY PARK CITY AUTHORITY;
CAYUGA COUNTY WATER AND SEWER AUTHORITY;
CENTER CORPORATION;
GOVERNOR NELSON A. ROCKEFELLER EMPIRE STATE PLAZA PERFORMING ARTS;
INDUSTRIAL EXHIBIT AUTHORITY;
LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
LONG ISLAND POWER AUTHORITY;
LONG ISLAND RAIL ROAD;
LONG ISLAND MARKET AUTHORITY;
MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
METRO-NORTH COMMUTER RAILROAD;
METROPOLITAN SUBURBAN BUS AUTHORITY;
METROPOLITAN TRANSPORTATION AUTHORITY;
NATURAL HERITAGE TRUST;
NEW YORK CITY TRANSIT AUTHORITY;
NEW YORK CONVENTION CENTER OPERATING CORPORATION;
NEW YORK STATE BRIDGE AUTHORITY;
NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
NEW YORK STATE THRUWAY AUTHORITY;
NIAGARA FALLS PUBLIC WATER AUTHORITY;
NIAGARA FALLS WATER BOARD;
PORT OF OSWEGO AUTHORITY;
POWER AUTHORITY OF THE STATE OF NEW YORK;
A. 3020 6
ROOSEVELT ISLAND OPERATING CORPORATION;
SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
STATE INSURANCE FUND;
STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
STATE UNIVERSITY CONSTRUCTION FUND;
SYRACUSE REGIONAL AIRPORT AUTHORITY;
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS; AND
(C) THE FOLLOWING ENTITIES, ONLY TO THE EXTENT OF STATE CONTRACTS
ENTERED INTO FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS
DEFINED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION: DORMITORY AUTHORITY
OF THE STATE OF NEW YORK; FACILITIES DEVELOPMENT CORPORATION; NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; NEW YORK STATE SCIENCE
AND TECHNOLOGY FOUNDATION.
7. "STATE ASSISTED HOUSING PROJECT" SHALL MEAN, FOR SUCH PROJECTS
WHICH RECEIVE FROM THE NEW YORK STATE HOUSING FINANCE AGENCY, THE
AFFORDABLE HOUSING CORPORATION, THE HOUSING TRUST FUND CORPORATION OR
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL A GRANT OR LOAN FOR ALL OR
PART OF THE TOTAL PROJECT COST:
(A) A "PERMANENT HOUSING PROJECT FOR HOMELESS FAMILIES" OR "PROJECT"
AS DEFINED IN SUBDIVISION FIVE OF SECTION SIXTY-FOUR OF THE PRIVATE
HOUSING FINANCE LAW;
(B) A "PROJECT" AS DEFINED IN SUBDIVISION TWELVE OF SECTION ONE THOU-
SAND ONE HUNDRED ONE OF THE PRIVATE HOUSING FINANCE LAW PROVIDED SAID
PROJECT IS LOCATED IN A LARGE COUNTY AND CONSISTS OF MORE THAN TWELVE
RESIDENTIAL UNITS AT A SINGLE SITE;
(C) "AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAMS" OR "PROJECT" AS
DEFINED IN SUBDIVISION EIGHT OF SECTION ONE THOUSAND ONE HUNDRED ELEVEN
OF THE PRIVATE HOUSING FINANCE LAW PROVIDED SAID PROJECT IS LOCATED IN A
METROPOLITAN AREA AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND
CONSISTS OF MORE THAN TWELVE RESIDENTIAL UNITS AT A SINGLE SITE;
(D) A "TURNKEY/ENHANCED RENTAL PROJECT" OR "PROJECT" AS DEFINED IN
SUBDIVISION TWO OF SECTION ONE THOUSAND ONE HUNDRED SIX-A OF THE PRIVATE
HOUSING FINANCE LAW;
(E) "INFRASTRUCTURE IMPROVEMENTS" AS DEFINED IN SUBDIVISION TWO OF
SECTION ONE THOUSAND ONE HUNDRED THIRTY-ONE OF THE PRIVATE HOUSING
FINANCE LAW, TO THE EXTENT THAT SUCH "INFRASTRUCTURE IMPROVEMENTS" ARE
APPLIED FOR IN CONNECTION WITH A STATE ASSISTED HOUSING PROJECT AS
DEFINED IN PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION AND PROVIDED
FURTHER THAN THE APPLICANT FOR SUCH INFRASTRUCTURE IMPROVEMENTS AND FOR
SUCH STATE ASSISTED HOUSING PROJECT ARE IDENTICAL.
8. "STATE CONTRACT" SHALL MEAN:
(A) A WRITTEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR A
TOTAL EXPENDITURE IN EXCESS OF FIFTY THOUSAND DOLLARS, WHICH IS SUBJECT
TO APPROVAL BY THE COMPTROLLER PURSUANT TO SECTION ONE HUNDRED TWELVE OF
THE STATE FINANCE LAW, WHEREBY: (I) A CONTRACTING AGENCY, EXCEPT THE
OFFICE OF GENERAL SERVICES IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS
IN RETURN FOR LABOR, SERVICES INCLUDING, BUT NOT LIMITED TO, LEGAL,
FINANCIAL AND OTHER PROFESSIONAL SERVICES, SUPPLIES, EQUIPMENT, MATERI-
ALS OR ANY COMBINATION OF THE FOREGOING, TO BE PERFORMED FOR, OR
RENDERED OR FURNISHED TO THE CONTRACTING AGENCY; (II) A CONTRACTING
AGENCY, EXCEPT THE OFFICE OF GENERAL SERVICES IS COMMITTED TO EXPEND OR
DOES EXPEND FUNDS FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION,
A. 3020 7
REPLACEMENT, MAJOR REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVE-
MENTS THEREON; OR (III) THE OWNER OF A STATE ASSISTED HOUSING PROJECT IS
COMMITTED TO EXPEND OR DOES EXPEND FUNDS FOR THE ACQUISITION,
CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR REPAIR OR RENOVATION OF
REAL PROPERTY AND IMPROVEMENTS THEREON FOR SUCH PROJECT.
(B) A WRITTEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR A
TOTAL EXPENDITURE IN EXCESS OF EIGHTY-FIVE THOUSAND DOLLARS, WHICH IS
SUBJECT TO APPROVAL BY THE COMPTROLLER PURSUANT TO SECTION ONE HUNDRED
TWELVE OF THE STATE FINANCE LAW, WHEREBY THE OFFICE OF GENERAL SERVICES
IS COMMITTED TO OR DOES EXPEND FUNDS IN RETURN FOR LABOR, SERVICES
INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL AND OTHER PROFESSIONAL
SERVICES, SUPPLIES, EQUIPMENT, MATERIALS OR ANY COMBINATION OF THE FORE-
GOING, TO BE PERFORMED FOR, OR RENDERED OR FURNISHED TO THE OFFICE OF
GENERAL SERVICES.
9. "SMALL BUSINESS" AS USED IN THIS SECTION, SHALL MEAN A BUSINESS
INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND EMPLOY-
ING NOT MORE THAN ONE HUNDRED INDIVIDUALS.
§ 328-C. EQUAL PAY DISCLOSURE; REPORTING. 1. ALL CONTRACTORS, AS A
CONDITION UPON ENTERING INTO A CONTRACT WITH THE STATE, SHALL BE
REQUIRED TO SUBMIT EQUAL PAY REPORTS, IN SUCH FORM AS THE COMPTROLLER
MAY PRESCRIBE BY REGULATION PURSUANT TO SUBDIVISION THREE OF THIS
SECTION. SUCH REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO, A SUMMARY OF
THE CONTRACTOR'S WORKFORCE PAY AVERAGES, CALCULATED BY JOB CATEGORY,
GENDER, RACE, AND ETHNICITY, AND THE DIFFERENCE BETWEEN PAY AVERAGES IN
EACH CATEGORY, EXPRESSED AS AN ABSOLUTE PERCENTAGE.
2. THE STATE COMPTROLLER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
ATTORNEY GENERAL, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES,
THE COMMISSIONER OF THE DEPARTMENT OF LABOR, THE COMMISSIONER OF THE
DIVISION OF HUMAN RIGHTS, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE LEGISLATIVE FISCAL COMMITTEES SUMMARIZ-
ING DATA RELATED TO THE EQUAL PAY REPORTS SUBMITTED BY CONTRACTORS. SUCH
REPORT SHALL BE MADE ANNUALLY, ON A FISCAL YEAR BASIS BY THE FIRST OF
JULY OF THE NEXT SUCCEEDING YEAR FOLLOWING ENACTMENT OF THIS SECTION.
(A) THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN
ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY THE STATE COMPTROLLER
SUCH THAT THE DATA CAN BE SEARCHED AND SORTED.
(B) ALL REPORTS REQUIRED UNDER THIS SUBDIVISION SHALL BE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING PURSUANT TO SECTION EIGHTY-SEVEN OF THE
PUBLIC OFFICERS LAW PROVIDED THAT IN DISCLOSING SUCH REPORTS PURSUANT TO
THE PUBLIC OFFICERS LAW, THE STATE COMPTROLLER SHALL REDACT THE NAME AND
SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL EMPLOYEE THAT IS INCLUDED IN
SUCH DOCUMENT.
3. THE STATE COMPTROLLER, IN CONSULTATION WITH THE COMMISSIONER OF THE
OFFICE OF GENERAL SERVICES, SHALL PROMULGATE REGULATIONS:
(A) REGARDING THE CONTENT AND THE TIMELY AND PROPER FILING OF EQUAL
PAY REPORTS BY CONTRACTORS; AND
(B) SETTING FORTH MEASURES AND PROCEDURES TO REQUIRE ALL CONTRACTING
AGENCIES, WHERE PRACTICABLE, FEASIBLE AND APPROPRIATE, TO ASSESS THE
EQUAL PAY PRACTICES OF CONTRACTORS SUBMITTING BIDS OR PROPOSALS IN
CONNECTION WITH THE AWARD OF A STATE CONTRACT. SUCH RULES AND REGU-
LATIONS SHALL TAKE INTO ACCOUNT: THE NATURE OF THE LABOR, SERVICES,
SUPPLIES, EQUIPMENT OR MATERIALS BEING PROCURED BY THE STATE AGENCY; THE
METHOD OF PROCUREMENT REQUIRED TO BE USED BY A STATE AGENCY TO AWARD THE
CONTRACT; THE EQUAL PAY REPORTS REQUIRED TO BE SUBMITTED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION; AND SUCH OTHER FACTORS AS THE COMP-
TROLLER DEEMS APPROPRIATE OR NECESSARY TO PROMOTE THE AWARD OF STATE
A. 3020 8
CONTRACTS TO CONTRACTORS HAVING SOUND EQUAL PAY PRACTICES. SUCH ASSESS-
MENT SHALL NOT PERMIT THE AUTOMATIC REJECTION OF A BID OR PROCUREMENT
PROPOSAL BASED ON THE LACK OF ADHERENCE TO EQUAL PAY PRACTICES. EACH BID
OR PROPOSAL SHALL BE ANALYZED ON AN INDIVIDUAL PER BID OR PER PROPOSAL
BASIS WITH THE CONTRACTOR'S EQUAL PAY PRACTICES CONSIDERED AS ONLY A
PART OF A WIDER CONSIDERATION OF SEVERAL FACTORS WHEN DECIDING TO AWARD
OR DECLINE TO AWARD A BID OR PROPOSAL.
§ 328-D. PROHIBITIONS IN CONTRACTS; VIOLATIONS. EVERY CONTRACTING
AGENCY SHALL INCLUDE A PROVISION IN ITS STATE CONTRACTS EXPRESSLY
PROVIDING THAT ANY CONTRACTOR WHO WILLFULLY AND INTENTIONALLY FAILS TO
COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE AS SET FORTH IN SUCH STATE
CONTRACT SHALL BE LIABLE TO THE CONTRACTING AGENCY FOR LIQUIDATED OR
OTHER APPROPRIATE DAMAGES AND SHALL PROVIDE FOR OTHER APPROPRIATE REME-
DIES ON ACCOUNT OF SUCH BREACH.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rules or regulations necessary
for the implementation of the foregoing provisions of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.