NY State Senate Bill S456B

Current Bill Status - Passed Senate & Assembly

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2019	returned to senate passed assembly ordered to third reading cal.176 substituted for a1047b referred to codes delivered to assembly passed senate
Jun 11, 2019	amended on third reading 456b
May 29, 2019	amended on third reading 456a
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.521
Jan 09, 2019	referred to civil service and pensions

Votes

view votes

Jun 17, 2019 - floor Vote

S456B

floor

Aye

Nay

Absent

Excused

Abstained

Apr 30, 2019 - Civil Service and Pensions committee Vote

S456

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Apr 30, 2019

aye (5)

aye wr (2)

Funke
Lanza

Bill Amendments

Original

B (Active)

Original

B (Active)

S456 - Details

See Assembly Version of this Bill:: A1047
Law Section:: Civil Service Law
Laws Affected:: Amd §115, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9754
2017-2018: S8087, A2425

S456 - 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.

S456 - Sponsor Memo

S456 - Bill Text download pdf


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

                                   456

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

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

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

                                                           LBD01407-01-9

S. 456                              2

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.
  (B)  (1) IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER
HAS ENGAGED IN ACTS IN VIOLATION OF THIS  SECTION,  THE  COURT  OR  JURY
SHALL  AWARD  TO  ANY  AFFECTED  EMPLOYEE  OR EMPLOYEES MONETARY RELIEF,
INCLUDING BACK PAY IN AN AMOUNT EQUAL  TO  THE  DIFFERENCE  BETWEEN  THE
EMPLOYEE'S  ACTUAL  EARNINGS AND WHAT THE EMPLOYEE WOULD HAVE EARNED BUT
FOR THE EMPLOYER'S UNLAWFUL PRACTICES, INCLUDING AN APPROPRIATE INCREASE
IN RETIREMENT BENEFITS, AND AN ADDITIONAL  AMOUNT  IN  COMPENSATORY  AND
PUNITIVE DAMAGES, AS APPROPRIATE.
  (2)  IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER HAS
ENGAGED IN ACTS IN VIOLATION OF THIS SECTION, THE COURT SHALL ENJOIN THE
EMPLOYER FROM CONTINUING TO DISCRIMINATE AGAINST AFFECTED EMPLOYEES  AND
SHALL DIRECT THE EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
AND  MAY ORDER THE EMPLOYER TO TAKE SUCH ADDITIONAL AFFIRMATIVE STEPS AS
ARE NECESSARY TO ENSURE AN END  TO  UNLAWFUL  DISCRIMINATION,  INCLUDING
REINSTATEMENT  TO THE SAME OR A COMPARABLE POSITION FOR EMPLOYEES IN THE
UNCLASSIFIED SERVICE OR EMPLOYEES CLASSIFIED AS  MANAGEMENT/CONFIDENTIAL
OR  LABOR;  REINSTATEMENT WITH BACK PAY; OR RECLASSIFICATION OF AFFECTED
WORKERS.
  (3) IN ANY ACTION IN WHICH AN AFFECTED EMPLOYEE OR  EMPLOYEES  PREVAIL
IN  THEIR  CLAIMS  AGAINST  EMPLOYERS, THE COURT MAY, IN ADDITION TO ANY
JUDGEMENT AWARDED TO THE PLAINTIFFS, ALLOW A REASONABLE ATTORNEY'S  FEE,
REASONABLE EXPERT WITNESS FEES, AND OTHER COSTS OF THE ACTION TO BE PAID
BY THE EMPLOYER.
  (C) AN ACTION TO RECOVER THE DAMAGES OR EQUITABLE RELIEF PRESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION MAY BE MAINTAINED AGAINST ANY EMPLOYER
IN  ANY  COURT OF COMPETENT JURISDICTION BY ANY ONE OR MORE EMPLOYEES OR
THEIR REPRESENTATIVE FOR OR ON BEHALF OF:
  (1) THE EMPLOYEES; OR
  (2) THE EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED.
  4. (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER  TO
PAY  DIFFERENT  COMPENSATION  TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY  OR  QUALITY
OF PRODUCTION;
  (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS; OR
  (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.

S. 456                              3

  (B) FOR THE PURPOSE OF PARAGRAPH (A) OF  THIS  SUBDIVISION,  "BUSINESS
NECESSITY"  SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  (C)  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. This act shall take effect immediately.

S456A - Details

See Assembly Version of this Bill:: A1047
Law Section:: Civil Service Law
Laws Affected:: Amd §115, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9754
2017-2018: S8087, A2425

S456A - Summary

S456A - Sponsor Memo

 
BILL NUMBER: S456A

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the civil service law, in relation to
a fair, non-biased compensation structure

 
PURPOSE:

To ensure public employees have a mechanism to enforce their right to
equal pay for equal and equivalent work.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends § 115 of the civil service law to: -
Define the intent of New York State to comply with the federal "Equal
Pay Act of 1963" and "Civil Rights Act of 1964" and to state its intent
to ensure a fair and non-biased wage structure for all employees regard-
less of status within a protected class;

-Define protected class as a group of individuals that are protected
against an unlawful discriminatory by an employer pursuant to § 296 of

the executive law;

-Add a private right of action for public employees who are discrimi-
nated against in terms of compensation; and

-Provide that it is not a violation of this section to pay different
compensation to employees based on bona fide factors other status within
a protected class.

Section two of the bill sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amended version of the bill extends the policy of a fair and non-biased
wage structure for all employees regardless of status within a protected
class.

 
EXISTING LAW:

 
JUSTIFICATION:

In 2014, the Court of Appeals held that Civil Service Law § 115 did not
confer a private right of action on public employees. Rather, the Court
found that this section merely stated a general policy of the state to
provide equal pay for equal work. Under this holding, public employees
are stripped of their right to bring an action in state court when they
are discriminated against in teams of compensation.  This legislation
would clarify that public employees have the same rights as private
employees and may bring a private right of action to enforce their right
to equal pay for equal and equivalent work.

 
LEGISLATIVE HISTORY:

2017-18: S.8087/A.2425
2015-16: A9754

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

S456A - Bill Text download pdf


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

                                 456--A
    Cal. No. 521

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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
STATUS WITHIN A PROTECTED CLASS 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01407-03-9

S. 456--A                           2

  (A) "PROTECTED CLASS" SHALL MEAN ANY GROUP  OF  INDIVIDUALS  THAT  ARE
PROTECTED  AGAINST  AN  UNLAWFUL  DISCRIMINATORY PRACTICE BY AN EMPLOYER
PURSUANT TO SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
  (B)  "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.
  (B)  (1) IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER
HAS ENGAGED IN ACTS IN VIOLATION OF THIS  SECTION,  THE  COURT  OR  JURY
SHALL  AWARD  TO  ANY  AFFECTED  EMPLOYEE  OR EMPLOYEES MONETARY RELIEF,
INCLUDING BACK PAY IN AN AMOUNT EQUAL  TO  THE  DIFFERENCE  BETWEEN  THE
EMPLOYEE'S  ACTUAL  EARNINGS AND WHAT THE EMPLOYEE WOULD HAVE EARNED BUT
FOR THE EMPLOYER'S UNLAWFUL PRACTICES, INCLUDING AN APPROPRIATE INCREASE
IN RETIREMENT BENEFITS, AND AN ADDITIONAL  AMOUNT  IN  COMPENSATORY  AND
PUNITIVE DAMAGES, AS APPROPRIATE.
  (2)  IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER HAS
ENGAGED IN ACTS IN VIOLATION OF THIS SECTION, THE COURT SHALL ENJOIN THE
EMPLOYER FROM CONTINUING TO DISCRIMINATE AGAINST AFFECTED EMPLOYEES  AND
SHALL DIRECT THE EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
AND  MAY ORDER THE EMPLOYER TO TAKE SUCH ADDITIONAL AFFIRMATIVE STEPS AS
ARE NECESSARY TO ENSURE AN END  TO  UNLAWFUL  DISCRIMINATION,  INCLUDING
REINSTATEMENT  TO THE SAME OR A COMPARABLE POSITION FOR EMPLOYEES IN THE
UNCLASSIFIED SERVICE OR EMPLOYEES CLASSIFIED AS  MANAGEMENT/CONFIDENTIAL
OR  LABOR;  REINSTATEMENT WITH BACK PAY; OR RECLASSIFICATION OF AFFECTED
WORKERS.
  (3) IN ANY ACTION IN WHICH AN AFFECTED EMPLOYEE OR  EMPLOYEES  PREVAIL
IN  THEIR  CLAIMS  AGAINST  EMPLOYERS, THE COURT MAY, IN ADDITION TO ANY
JUDGEMENT AWARDED TO THE PLAINTIFFS, ALLOW A REASONABLE ATTORNEY'S  FEE,
REASONABLE EXPERT WITNESS FEES, AND OTHER COSTS OF THE ACTION TO BE PAID
BY THE EMPLOYER.
  (C) AN ACTION TO RECOVER THE DAMAGES OR EQUITABLE RELIEF PRESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION MAY BE MAINTAINED AGAINST ANY EMPLOYER
IN  ANY  COURT OF COMPETENT JURISDICTION BY ANY ONE OR MORE EMPLOYEES OR
THEIR REPRESENTATIVE FOR OR ON BEHALF OF:
  (1) THE EMPLOYEES; OR
  (2) THE EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED.
  4. (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER  TO
PAY  DIFFERENT  COMPENSATION  TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY  OR  QUALITY
OF PRODUCTION;
  (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS; OR
  (4)  ANY  OTHER  BONA FIDE FACTOR OTHER THAN STATUS WITHIN A PROTECTED
CLASS, SUCH AS EDUCATION, TRAINING,  OR  EXPERIENCE.  SUCH  FACTOR:  (A)
SHALL  NOT  BE BASED UPON OR DERIVED FROM A DIFFERENTIAL IN COMPENSATION
BASED ON STATUS WITHIN A PROTECTED CLASS; AND (B) SHALL  BE  JOB-RELATED
WITH  RESPECT  TO  THE POSITION IN QUESTION AND SHALL BE CONSISTENT WITH
BUSINESS NECESSITY. SUCH EXCEPTION UNDER THIS PARAGRAPH SHALL NOT  APPLY

S. 456--A                           3

WHEN  THE  EMPLOYEE  DEMONSTRATES (I) THAT AN EMPLOYER USES A PARTICULAR
EMPLOYMENT PRACTICE THAT CAUSES A  DISPARATE  IMPACT  ON  THE  BASIS  OF
STATUS  WITHIN  A  PROTECTED  CLASS, (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.
  (B)  FOR  THE  PURPOSE OF PARAGRAPH (A) OF THIS SUBDIVISION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  (C)  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. This act shall take effect immediately.

Co-Sponsors

S456B (ACTIVE) - Details

See Assembly Version of this Bill:: A1047
Law Section:: Civil Service Law
Laws Affected:: Amd §115, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9754
2017-2018: S8087, A2425

S456B (ACTIVE) - Summary

S456B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S456B

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the civil service law, in relation to
a fair, non-biased compensation structure

 
PURPOSE:

To ensure public employees have a mechanism to enforce their right to
equal pay for equal and equivalent work.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends § 115 of the civil service law to:

Define the intent of New York State to comply with the federal "Equal
Pay Act of 1963" and "Civil Rights Act of 1964" and to state its intent
to ensure a fair and non-biased wage structure for all employees regard-
less of status within a protected class;

-Define protected class as a group of individuals that are protected

against an unlawful discriminatory by an employer pursuant to § 296 of
the executive law;

-Add a private right of action for public employees who are discrimi-
nated against in terms of compensation; and

-Provide that it is not a violation of this section to pay different
compensation to employees based on bona fide factors other status within
a protected class.

Section two of the bill sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amended version of the bill extends the policy of a fair and non-biased
wage structure for all employees regardless of status within a protected
class.

 
EXISTING LAW:

None

 
JUSTIFICATION:

In 2014, the Court of Appeals held that Civil Service Law § 115 did not
confer a private right of action on public employees. Rather, the Court
found that this section merely stated a general policy of the state to
provide equal pay for equal work. Under this holding, public employees
are stripped of their right to bring an action in state court when they
are discriminated against in teams of compensation. This legislation
would clarify that public employees have the same rights as private
employees and may bring a private right of action to enforce their right
to equal pay for equal and equivalent work.

 
LEGISLATIVE HISTORY:

2017-18: S.8087/A.2425
2015-16: A9754
 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

S456B (ACTIVE) - Bill Text download pdf


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

                                 456--B
    Cal. No. 521

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

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
STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES 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 EMPLOY-
EES, TO ENSURE THAT 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 WITHOUT STATUS WITHIN  THE  SAME  PROTECTED  CLASS  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01407-08-9

S. 456--B                           2

CLASSES  IN  THE SAME ESTABLISHMENT IS PAID FOR SIMILAR WORK OR SUBSTAN-
TIALLY SIMILAR WORK 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:
  (A)  THE  TERM  "PROTECTED  CLASS"  INCLUDES  AGE, RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL  ORIENTATION,  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 OF THE EXECU-
TIVE  LAW,  AND  ANY  INTERN  PROTECTED  FROM DISCRIMINATION PURSUANT TO
SECTION TWO HUNDRED NINETY-SIX-C OF THE EXECUTIVE LAW.
  (B) 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 HOLI-
DAY PAY, OR ANY OTHER FORM OF REMUNERATION.
  (C) EMPLOYEES SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE
EMPLOYEES WORK FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN  THE  SAME
GEOGRAPHICAL  REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPU-
LATION DISTRIBUTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE  OF  MUNICI-
PALITIES.
  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.
  (B)  (1) IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER
HAS ENGAGED IN ACTS IN VIOLATION OF THIS  SECTION,  THE  COURT  OR  JURY
SHALL  AWARD  TO  ANY  AFFECTED  EMPLOYEE  OR EMPLOYEES MONETARY RELIEF,
INCLUDING BACK PAY IN AN AMOUNT EQUAL  TO  THE  DIFFERENCE  BETWEEN  THE
EMPLOYEE'S  ACTUAL  EARNINGS AND WHAT THE EMPLOYEE WOULD HAVE EARNED BUT
FOR THE EMPLOYER'S UNLAWFUL PRACTICES, INCLUDING AN APPROPRIATE INCREASE
IN RETIREMENT BENEFITS, AND AN ADDITIONAL  AMOUNT  IN  COMPENSATORY  AND
PUNITIVE DAMAGES, AS APPROPRIATE.
  (2)  IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER HAS
ENGAGED IN ACTS IN VIOLATION OF THIS SECTION, THE COURT SHALL ENJOIN THE
EMPLOYER FROM CONTINUING TO DISCRIMINATE AGAINST AFFECTED EMPLOYEES  AND
SHALL DIRECT THE EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
AND  MAY ORDER THE EMPLOYER TO TAKE SUCH ADDITIONAL AFFIRMATIVE STEPS AS
ARE NECESSARY TO ENSURE AN END  TO  UNLAWFUL  DISCRIMINATION,  INCLUDING
REINSTATEMENT  TO THE SAME OR A COMPARABLE POSITION FOR EMPLOYEES IN THE
UNCLASSIFIED SERVICE OR EMPLOYEES CLASSIFIED AS  MANAGEMENT/CONFIDENTIAL
OR  LABOR;  REINSTATEMENT WITH BACK PAY; OR RECLASSIFICATION OF AFFECTED
WORKERS.
  (3) IN ANY ACTION IN WHICH AN AFFECTED EMPLOYEE OR  EMPLOYEES  PREVAIL
IN  THEIR  CLAIMS  AGAINST  EMPLOYERS, THE COURT MAY, IN ADDITION TO ANY
JUDGEMENT AWARDED TO THE PLAINTIFFS, ALLOW A REASONABLE ATTORNEY'S  FEE,
REASONABLE EXPERT WITNESS FEES, AND OTHER COSTS OF THE ACTION TO BE PAID
BY THE EMPLOYER.
  (C) AN ACTION TO RECOVER THE DAMAGES OR EQUITABLE RELIEF PRESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION MAY BE MAINTAINED AGAINST ANY EMPLOYER
IN  ANY  COURT OF COMPETENT JURISDICTION BY ANY ONE OR MORE EMPLOYEES OR
THEIR REPRESENTATIVE FOR OR ON BEHALF OF:

S. 456--B                           3

  (1) THE EMPLOYEES; OR
  (2) THE EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED.
  4.  (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER TO
PAY DIFFERENT COMPENSATION TO EMPLOYEES, WHERE SUCH  PAYMENTS  ARE  MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2)  A  BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY
OF PRODUCTION;
  (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS; OR
  (4) ANY OTHER BONA FIDE FACTOR OTHER THAN STATUS WITHIN  ONE  OR  MORE
PROTECTED  CLASS OR CLASSES, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE.
SUCH FACTOR: (A) SHALL NOT BE BASED UPON OR DERIVED FROM A  DIFFERENTIAL
IN  COMPENSATION  BASED  ON STATUS WITHIN ONE OR MORE PROTECTED CLASS OR
CLASSES; AND (B) SHALL BE JOB-RELATED WITH RESPECT TO  THE  POSITION  IN
QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
UNDER  THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (I)
THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT  PRACTICE  THAT  CAUSES  A
DISPARATE  IMPACT  ON  THE  BASIS OF STATUS WITHIN ONE OR MORE PROTECTED
CLASS OR CLASSES, (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.
  (B)  FOR  THE  PURPOSE OF PARAGRAPH (A) OF THIS SUBDIVISION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  (C)  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. This act shall take effect immediately.

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The New York State Senate

senate Bill S456B

Sponsored By

Current Bill Status - Passed Senate & Assembly

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Votes

Jun 17, 2019 - floor Vote

Floor Vote: Jun 17, 2019

Apr 30, 2019 - Civil Service and Pensions committee Vote

Committee Vote: Apr 30, 2019

Bill Amendments

S456 - Details

S456 - Summary

S456 - Sponsor Memo

S456 - Bill Text download pdf

S456A - Details

S456A - Summary

S456A - Sponsor Memo

S456A - Bill Text download pdf

Co-Sponsors

S456B (ACTIVE) - Details

S456B (ACTIVE) - Summary

S456B (ACTIVE) - Sponsor Memo

S456B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S456B

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Sponsored By

Brian A. Benjamin

Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Jun 17, 2019 - floor Vote

Floor Vote: Jun 17, 2019

Apr 30, 2019 - Civil Service and Pensions committee Vote

Committee Vote: Apr 30, 2019

Bill Amendments

S456 - Details

S456 - Summary

S456 - Sponsor Memo

S456 - Bill Text download pdf

S456A - Details

S456A - Summary

S456A - Sponsor Memo

S456A - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

David Carlucci

Robert Jackson

Julia Salazar

S456B (ACTIVE) - Details

S456B (ACTIVE) - Summary

S456B (ACTIVE) - Sponsor Memo

S456B (ACTIVE) - Bill Text download pdf

Comments