S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8093--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced  by M. of A. McMAHON, COLTON -- read once and referred to the
   Committee on Labor -- reported and referred to the Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to prohibiting wage differen-
   tials based on protected class status
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivisions 1 and 2 of section 194
 of  the  labor  law,  the section heading as added by chapter 548 of the
 laws of 1966, subdivision 1 as amended and subdivision  2  as  added  by
 chapter 362 of the laws of 2015, are amended to read as follows:
   Differential  in  rate  of pay because of [sex] PROTECTED CLASS STATUS
 prohibited.  1. No employee WITH STATUS WITHIN  ONE  OR  MORE  PROTECTED
 CLASS  OR  CLASSES  shall be paid a wage at a rate less than the rate at
 which an employee [of the opposite sex] WITHOUT STATUS WITHIN  THE  SAME
 PROTECTED  CLASS  OR  CLASSES in the same establishment is paid for: (A)
 equal work on a job the  performance  of  which  requires  equal  skill,
 effort  and responsibility, and which is performed under similar working
 conditions, OR (B) SUBSTANTIALLY SIMILAR WORK, WHEN VIEWED AS A  COMPOS-
 ITE  OF  SKILL,  EFFORT, AND RESPONSIBILITY, AND PERFORMED UNDER SIMILAR
 WORKING CONDITIONS; except where payment is made pursuant to a differen-
 tial based on:
   [a.] (I) a seniority system;
   [b.] (II) a merit system;
   [c.] (III) a system which measures earnings by quantity or quality  of
 production; or
   [d.]  (IV)  a  bona  fide factor other than [sex] STATUS WITHIN ONE OR
 MORE PROTECTED CLASS OR CLASSES, such as education, training, or experi-
 ence. Such factor: [(i)] (A) shall not be based upon or derived  from  a
 [sex-based]  differential  in compensation BASED ON STATUS WITHIN ONE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13080-04-9

 A. 8093--A                          2
 
 MORE PROTECTED CLASS OR CLASSES and [(ii)] (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 [(A)] (1) that an employer uses a particular
 employment practice that causes a disparate impact on the basis of [sex]
 STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, [(B)] (2) that  an
 alternative  employment  practice exists that would serve the same busi-
 ness purpose and not produce such differential, and [(C)] (3)  that  the
 employer has refused to adopt such alternative practice.
   2.  For  the purpose of subdivision one of this section[,]: (A) "busi-
 ness necessity" shall be defined as  a  factor  that  bears  a  manifest
 relationship  to  the  employment in question, AND (B) "PROTECTED CLASS"
 SHALL INCLUDE AGE, RACE, CREED, COLOR, NATIONAL  ORIGIN,  SEXUAL  ORIEN-
 TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
 PREDISPOSING  GENETIC  CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS,
 OR DOMESTIC VIOLENCE VICTIM STATUS,  AND  ANY  EMPLOYEE  PROTECTED  FROM
 DISCRIMINATION  PURSUANT  TO PARAGRAPHS (A), (B), AND (C) OF SUBDIVISION
 ONE OF SECTION TWO HUNDRED NINETY-SIX  AND  ANY  INTERN  PROTECTED  FROM
 DISCRIMINATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-C OF THE EXEC-
 UTIVE LAW.
   §  2.  Section  197 of the labor law, as amended by chapter 564 of the
 laws of 2010, is amended to read as follows:
   § 197. Civil penalty. Any employer who fails to pay the wages  of  his
 employees  or  shall  differentiate  in  rate  of  pay  because of [sex]
 PROTECTED CLASS STATUS, as provided in this article,  shall  forfeit  to
 the  people  of  the state the sum of five hundred dollars for each such
 failure, to be recovered by the commissioner in any legal action  neces-
 sary, including administrative action or a civil action.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.