The New York State Senate

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

                                   658

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, JAFFEE, PAULIN, GOTTFRIED, GALEF,
  WEPRIN,  HEVESI,  ENGLEBRIGHT,  SKOUFIS,  CRESPO,  STECK,   SKARTADOS,
  STIRPE,  SOLAGES,  OTIS, WALKER, COLTON, M. G. MILLER, JENNE -- Multi-
  Sponsored by -- M. of A.   BUCHWALD, COOK, DINOWITZ,  FARRELL,  GLICK,
  LUPARDO,  PERRY  -- read once and referred to the Committee on Govern-
  mental Employees

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.
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01714-01-7

A. 658                              2

  (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.
  §  2.  The civil service law is amended by adding a new section 119 to
read as follows:
  § 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  NINETEEN,  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
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-

A. 658                              3

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 EIGHTEEN, AND EVERY FIVE YEARS THER-
EAFTER,  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  NINETEEN,  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.
  § 3. This act shall take effect immediately.