S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5069
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend chapter 403 of the laws of 2018, directing the president
   of the civil service commission to study and publish a report evaluat-
   ing wage disparities among public employers, in relation to  directing
   the department of civil service to study and publish such report
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Chapter 403 of the laws of 2018, directing the president of
 the civil service commission to study and publish  a  report  evaluating
 wage disparities among public employers, is amended to read as follows:
   Section  1.  Policy  of  the  state. It is the policy of this state to
 pursue  the  establishment  of  equitable  compensation   [relationships
 between female-dominated, male-dominated, and other segregated] IN CIVIL
 SERVICE titles to eliminate wage disparities in public employment state-
 wide.  Compensation relationships are equitable when the primary consid-
 eration  in negotiating, establishing, recommending, and approving total
 wages is the equivalent value of the job title content  in  relationship
 to other job titles and position classifications in civil service.
   § 2. Definitions. For the purposes of this act,
   (a)  the    term  "public employer" shall [have the same meaning as in
 subdivision six of section 201 of the  civil  service  law]  MEAN  THOSE
 EMPLOYERS  WITH  OFFICES  AND POSITIONS IN THE CLASSIFIED SERVICE OF THE
 STATE AND ITS CIVIL DIVISIONS;
   (b) the term "position classification" shall have the same meaning  as
 in subdivision [eleven] 11 of section [two] 2 of the civil service law;
   (c)  the  term "equal jobs" shall mean jobs that are equal [within the
 meaning of the Equal Pay Act of 1963, 29  U.S.C.  206(d)]  BASED  ON  AN
 EXAMINATION  OF THE QUALIFICATIONS FOR AND THE NATURE AND PURPOSE OF THE
 WORK, ORGANIZATION AND SUPERVISORY RELATIONSHIPS AND  BASIC  DUTIES  AND
 RESPONSIBILITIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11102-01-9

 S. 5069                             2
 
   (d)  the  term  "equivalent jobs" shall mean jobs or occupations [that
 are equal within the meaning of the Equal Pay Act  of  1963,  29  U.S.C.
 206(d),  or  jobs or occupations] that are dissimilar but whose require-
 ments are equivalent when viewed as a composite of the [skills,  effort,
 responsibilities  and]  JOB  QUALIFICATIONS, KIND OF WORK PERFORMED, THE
 LEVEL OF RESPONSIBILITY FOR THAT WORK, THE SKILLS UTILIZED,  THE  EFFORT
 REQUIRED, AND THE working conditions required by the work;
   (e) the term "comparable worth" shall mean the equivalent value of two
 or  more  job  titles for the purpose of establishing equivalent compen-
 sation; [and]
   (f) the term "wages" and "wage rates" shall  [include  all]  MEAN  THE
 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 mone-
 tary compensation and that have economic value to an employee.] THAT  IS
 REFLECTED ON LINE THREE OF THE FEDERAL W-2 WAGE AND TAX STATEMENT;
   (G)  THE  TERM  "CLASSIFIED SERVICE" SHALL HAVE THE SAME MEANING AS IN
 SECTION 40 OF THE CIVIL SERVICE LAW; AND
   (H) THE TERM "SEGREGATED JOB TITLE OR POSITION  CLASSIFICATION"  SHALL
 MEAN  ANY  TITLE  OR  CLASSIFICATION  IN  WHICH  THE TOTAL PERCENTAGE OF
 EMPLOYEES OF A PARTICULAR GENDER OR RACE/ETHNICITY IDENTIFICATION IN THE
 TITLE IS GREATER THAN THE PERCENTAGE OF THAT  GENDER  OR  RACE/ETHNICITY
 IDENTIFICATION IN THE EMPLOY OF THE PUBLIC EMPLOYER.
   § 3. The [president of the state] DEPARTMENT OF civil service [commis-
 sion]  is hereby directed to study and publish a report evaluating among
 public employers the existence of wage disparities related  to  the  job
 titles  segregated  by  the  gender[,  race  and/or national origin] AND
 RACE/ETHNICITY IDENTIFICATION of the employees in the titles. The  study
 and report shall include, but not be limited to:
   (a)  [the  extent  of wage disparities among] IDENTIFICATION OF SEGRE-
 GATED job titles or position classifications of  equal  value  INCLUDING
 THE PERCENTAGES USED TO MAKE SUCH IDENTIFICATION;
   (b)  the  extent  of segregation of job titles or position classifica-
 tions by gender[, race and national origin] AND RACE/ETHNICITY IDENTIFI-
 CATION;
   (c) the identification of [segregated] CIVIL  SERVICE  job  titles  or
 position classifications that are equivalent and of comparable worth;
   (d)  the  extent of wage disparities in [segregated] CIVIL SERVICE job
 titles or position classifications that are equivalent and of comparable
 worth;
   (e) the need for adjustment of wage rates for equivalent job titles or
 position classifications to provide compensation  of  comparable  worth;
 and
   (f) [the plans for] RECOMMENDATIONS FOR adjusting wage rates and other
 recommendations  to  address any wage disparities in both equal jobs and
 in [segregated] CIVIL SERVICE job  titles  or  position  classifications
 that are equivalent and of comparable worth.
   §  4.  [Such study shall use methodologies, such as] THE DEPARTMENT OF
 CIVIL SERVICE SHALL DETERMINE THE APPROPRIATE METHODOLOGY FOR THE STUDY,
 WHICH MAY INCLUDE a systematic point factor job evaluation system[, that
 do]. THE METHODOLOGY SHALL not undervalue jobs or  position  classifica-
 tions   that  disproportionately  employ  women  and/or  [racial  and/or
 national origin] RACIAL/ETHNIC minorities to analyze job title or  posi-
 tion classification content and equivalent value.

 S. 5069                             3

   §  5.  The [president of the] DEPARTMENT OF civil service [commission]
 shall use the [prescribed] SELECTED methodology to  determine  if  there
 are  wage  disparities in [segregated] CIVIL SERVICE titles based on the
 equivalent value of the work BY GENDER OR RACE/ETHNICITY. The [president
 of the] DEPARTMENT OF civil service [commission] shall [also, by January
 1,  2019,] submit the above described published report to the speaker of
 the assembly, the minority leader of the assembly, the temporary  presi-
 dent of the senate, the minority leader of the senate and the governor's
 office  of employee relations NO LATER THAN THREE YEARS AFTER THE EFFEC-
 TIVE DATE OF THIS ACT.
   § 6.  THE OFFICE OF INFORMATION AND TECHNOLOGY SERVICES SHALL  PROVIDE
 ASSISTANCE TO THE DEPARTMENT OF CIVIL SERVICE FOR THE CONDUCT AND ANALY-
 SIS OF THE STUDY REQUIRED BY THIS ACT.
   §  7.    EVERY  PUBLIC  EMPLOYER  AS  DEFINED HEREIN SHALL PROVIDE ALL
 REQUESTED ASSISTANCE TO THE PRESIDENT OF THE CIVIL SERVICE COMMISSION IN
 THE CONDUCT OF THE STUDY REQUIRED BY THIS ACT. UPON THE REQUEST  OF  THE
 DEPARTMENT,  IT SHALL BE THE DUTY OF EACH PUBLIC EMPLOYER TO PROVIDE THE
 DEPARTMENT OF CIVIL SERVICE THE NAME OF EACH APPOINTEE  OR  EMPLOYEE  IN
 THE  CLASSIFIED  SERVICE,  THE  TITLE  AND  CHARACTER  OF SUCH OFFICE OR
 EMPLOYMENT, THE WAGE RATE, THE GENDER AND RACE/ETHNICITY INFORMATION AND
 ANY OTHER RELATED INFORMATION SO REQUESTED  TO  CONDUCT  THE  STUDY.  IT
 SHALL  BE THE DUTY OF EACH OFFICER OF THE PUBLIC EMPLOYER TO COMPLY WITH
 AND AID  IN ALL PROPER WAYS IN CARRYING INTO EFFECT  THE  PROVISIONS  OF
 THIS  STUDY. EACH EMPLOYEE OF A PUBLIC EMPLOYER SHALL BE PROVIDED WITH A
 SUFFICIENT PERIOD OF TIME DURING NORMAL SCHEDULED WORK,  NOT  TO  EXCEED
 FOUR  HOURS ON AN ANNUAL BASIS, TO PARTICIPATE IN THIS STUDY TO EVALUATE
 WAGE DISPARITIES AMONG PUBLIC EMPLOYERS.
   § 8. This act shall take effect immediately.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full force and effect on and after the effective date of
 chapter 403 of the laws of 2018.