senate Bill S8087

2017-2018 Legislative Session

Relates to fair, non-biased compensation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 27, 2018 referred to civil service and pensions

S8087 (ACTIVE) - Details

See Assembly Version of this Bill:
A2425
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §115, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9754
2019-2020: S456, A1047

S8087 (ACTIVE) - Summary

Relates to fair, non-biased compensation; provides for remedies and enforcement where an employee believes he or she is being discriminated against in terms of compensation in violation of section 115 of the civil service law; makes related provisions.

S8087 (ACTIVE) - Sponsor Memo

S8087 (ACTIVE) - Bill Text download pdf


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

                                  8087

                            I N  S E N A T E

                             March 27, 2018
                               ___________

Introduced  by Sen. BENJAMIN -- 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 a fair, non-biased
  compensation structure

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

  Section  1.  Section 115 of the civil service law, as added by chapter
790 of the laws of 1958, is amended to read as follows:
  § 115. Policy of the state. 1. In order to attract unusual  merit  and
ability  to  the  service of the state of New York AND ALL ITS POLITICAL
SUBDIVISIONS, 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 govern-
ment, it is hereby declared to be the policy of the  state  [to  provide
equal  pay  for equal work;] AND ALL ITS POLITICAL SUBDIVISIONS THEREOF,
CONSISTENT WITH THE FEDERAL EQUAL PAY ACT OF 1963 (29 U.S.C. § 206), THE
FEDERAL CIVIL RIGHTS ACT (42 U.S.C. § 2000E-2), ARTICLE FIFTEEN  OF  THE
EXECUTIVE  LAW, AND SECTION FORTY-C OF THE CIVIL RIGHTS LAW, TO ENSURE A
FAIR, NON-BIASED COMPENSATION STRUCTURE FOR ALL EMPLOYEES IN WHICH  SEX,
RACE, OR NATIONAL ORIGIN IS NOT CONSIDERED EITHER DIRECTLY OR INDIRECTLY
IN DETERMINING THE PROPER COMPENSATION FOR A TITLE OR IN DETERMINING THE
PAY  FOR  ANY  INDIVIDUAL  OR GROUP OF EMPLOYEES, AND TO PROVIDE regular
increases in pay in proper proportion to increase of  ability,  increase
of output and increase of quality of work demonstrated in service.
  2.  FOR  THE  PURPOSE  OF  THIS SECTION, THE TERM "COMPENSATION" SHALL
INCLUDE BUT NOT BE LIMITED TO: ALL EARNINGS OF AN EMPLOYEE FOR LABOR  OR
SERVICES  RENDERED, REGARDLESS OF WHETHER THE AMOUNT OF EARNINGS IS PAID
ON AN ANNUAL SALARY, HOURLY, BIWEEKLY OR PER DIEM  BASIS;  REIMBURSEMENT
FOR EXPENSES; HEALTH, WELFARE AND RETIREMENT BENEFITS; AND VACATION PAY,
SICK PAY, SEPARATION OR HOLIDAY PAY, OR ANY OTHER FORM OF REMUNERATION.
  3.  (A)  WHERE  AN  EMPLOYEE BELIEVES HE OR SHE IS BEING DISCRIMINATED
AGAINST IN TERMS OF COMPENSATION IN  VIOLATION  OF  THIS  SECTION,  SUCH
EMPLOYEE  MAY  BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO
RECOVER THE EQUITABLE AND MONETARY RELIEF DESCRIBED IN PARAGRAPH (B)  OF
THIS SUBDIVISION.

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