S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1553
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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:
   § 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.  § 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00993-01-7

 S. 1553                             2

 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.
   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

 S. 1553                             3
 
 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.
   § 2. This act shall take effect immediately.