NY State Senate Bill 2019-S838A

Senate Bill S838A

2019-2020 Legislative Session

Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to civil service and pensions
Jun 20, 2019	committed to rules
Jun 04, 2019	amended on third reading 838a
Mar 14, 2019	advanced to third reading
Mar 13, 2019	2nd report cal.
Mar 12, 2019	1st report cal.281
Feb 04, 2019	reported and committed to finance
Jan 09, 2019	referred to civil service and pensions

Votes

- Mar 12, 2019 - Finance Committee Vote
  S838A
  
  17
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Mar 12, 2019
      
      aye (17)
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Montgomery
      
      Parker
      
      Rivera
      
      Robach
      
      Savino
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (2)
      
      Antonacci
      
      Ranzenhofer
      
      aye wr (3)
      
      LaValle
      
      Little
      
      Seward
  Feb 4, 2019 - Civil Service And Pensions Committee Vote
  S838A
  
  4
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Feb 4, 2019
      
      aye (4)
      
      Addabbo Jr.
      
      Gounardes
      
      Jackson
      
      Kaminsky
      
      aye wr (3)
      
      Funke
      
      Lanza
      
      Savino

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S838 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §118, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5271
2011-2012: S248
2013-2014: S1871
2015-2016: S3249
2017-2018: S5480

2019-S838 - Summary

Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin.

2019-S838 - Sponsor Memo

                                
 
BILL NUMBER: S838

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the civil service law, in relation to implementing a
state policy of setting salaries on the basis of equivalent value of
work

 
PURPOSE:

This bill implements the state policy of compensating employees in state
service equally for work of equivalent value by eliminating wage
inequality in job titles and position classifications which have been
segregated by sex, race, or national origin.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (c) of subdivision 1 of section 118 of the
civil service law by adding three new paragraphs (d), (e) and (f).

Section two amends the civil service law by adding a new section 119.

Section three sets forth the effective date.

 
JUSTIFICATION:

While newspapers carry banner headlines about the advances women have
made in the work force, the fact is, women's wages continue to lag far
behind men's. The economic position of women on the whole has deteri-
orated, despite affirmative action and equal pay laws, and-the movement
of some women into a few traditionally male-dominated occupations.

The wage gap exists, in part, because many women are still segregated
into a few low-paving occupations. More than half of all women workers
hold sales, clerical and service jobs. Studies show that the more an
occupation is dominated by women, the less it pays. Part of the wage gap
results from differences in education, experience or time in the work-
force. But a significant portion cannot be explained by any of those
factors; the General Accounting Office's Oct. 2003 report Women's Earn-
ings, which examined 38 years of data, found a 20 percent earnings gap
between women and men that could not be explained, even when accounting
for demographic and work-related factors such as occupation, industry,
race, marital status and job tenure.

More than half of all women work in occupations which are over 70%
female and 25% are in jobs which are more than 95% female. The National
Academy of Sciences, which has conducted the most authoritative study to
date on comparable worth, found that "the more an occupation is domi-
nated by women, the less it pays." The Academy concluded that sex
discrimination is deeply imbedded in our society's wage structures and
in our so-called free market system.

 
LEGISLATIVE HISTORY:

2015-16: A.437-A - Passed Assembly
2013-14: A.753-A - Passed Assembly; S.1871-A - Referred to Civil.
Service & Pensions

2011-12: A.1780-A - Passed Assembly; S.248-A - Referred to Civil Service
& Pensions
2009-10: A.6712 - Passed Assembly; S.5271 - Reported to Finance
2007-08: A.7407 - Passed Assembly

 
FISCAL IMPLICATIONS:

To be determined by the amount of wage disparity.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2019-S838 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    838
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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 setting salaries on the basis of equivalent  value  of
   work

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (c) of subdivision 1 of section 118 of the civil
 service law, as added by chapter 790 of the laws of 1958, is amended and
 three new paragraphs (d), (e) and (f) are added to read as follows:
   (c) The principle of fair and equal  pay  for  similar  work  AND  FOR
 EQUIVALENT  VALUE  OF  WORK  shall be followed in the classification and
 reclassification and the allocation and reallocation of positions pursu-
 ant to this article and all positions having the  same  title  shall  be
 allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
 TITLES  OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING OF
 THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
 SIFICATIONS 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 COMPENSATION.
   (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03288-01-9

 S. 838                              2
 
   (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.
   (E) FOR THE PURPOSE OF PARAGRAPH (D) OF  THIS  SUBDIVISION,  "BUSINESS
 NECESSITY"  SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION-
 SHIP TO THE EMPLOYMENT IN QUESTION.
   (F) 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.  The civil service law is amended by adding a new section 119 to
 read as follows:
   § 119. EQUIVALENT VALUE OF WORK; SEGREGATED JOB  TITLES  REVIEWED  AND
 ADJUSTED.  1.  THE CIVIL SERVICE COMMISSION SHALL PROMULGATE REGULATIONS
 SPECIFYING THE METHODOLOGY 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
 FACTOR  JOB  EVALUATION  SYSTEM, SHALL ENSURE THAT COMPARISON SYSTEMS DO
 NOT IGNORE OR UNDERVALUE THE WORTH OF JOBS WHERE A CERTAIN SEX, RACE, OR
 NATIONAL ORIGIN IS DISPROPORTIONATELY REPRESENTED. FOR THE  PURPOSES  OF
 THIS CHAPTER, A SEGREGATED TITLE SHALL CONSTITUTE ANY TITLE IN WHICH THE
 TOTAL  PERCENTAGE  OF  EMPLOYEES  OF  A PARTICULAR SEX, RACE OR NATIONAL
 ORIGIN IN THE TITLE 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 STATE OR 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
 CHAPTER.
   2. THE PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND
 EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE  AND  THE  GOVER-
 NOR'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
 THAT TERM IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  ONE
 HUNDRED  EIGHTEEN  OF THIS TITLE. THE PRESIDENT SHALL ALSO SUBMIT TO THE
 LEGISLATURE, THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND  THE  DIVI-
 SION  OF  BUDGET  ALONG  WITH THE LIST, AN ESTIMATE OF THE APPROPRIATION
 NECESSARY TO CORRECT SUCH DISPARITIES. WHEN THE DEPARTMENT  CREATES  NEW
 TITLES  OR,  BECAUSE OF MERGERS OR TAKE-OVERS, TRANSFERS STATE WORKFORCE
 FROM ONE TITLE TO ANOTHER TITLE, THE PRESIDENT SHALL RE-SUBMIT SUCH LIST
 OF ANY SEGREGATED TITLES FOR WHICH  A  DISPARITY  EXISTS  BASED  ON  THE
 EQUIVALENT VALUE OF WORK AND SHALL SUBMIT TO THE LEGISLATURE, THE GOVER-
 NOR'S  OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET WITH SUCH
 LIST AN ESTIMATE OF THE APPROPRIATION NECESSARY TO CORRECT SUCH DISPARI-
 TIES.

 S. 838                              3
 
   3. BY OCTOBER FIRST, TWO THOUSAND TWENTY, AND EVERY FIVE YEARS  THERE-
 AFTER, ALL LOCAL CIVIL SERVICE ADMINISTRATIONS SHALL SUBMIT TO THE PRES-
 IDENT  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 PRESI-
 DENT OF THE COMMISSION SHALL COMPILE THE LISTS PROVIDED TO HIM OR HER BY
 THE LOCAL CIVIL SERVICE ADMINISTRATIONS AND, BY JANUARY FIRST, TWO THOU-
 SAND TWENTY-ONE, AND EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLA-
 TURE AND THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY
 NEGOTIATING UNIT AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGRE-
 GATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE EQUIVALENT  VALUE
 OF THE WORK AS REPORTED BY THE LOCAL CIVIL SERVICE ADMINISTRATIONS. WHEN
 A  LOCAL  CIVIL SERVICE ADMINISTRATION CREATES NEW TITLES OR, BECAUSE OF
 MERGERS OR TAKE-OVERS, 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  EQUIV-
 ALENT VALUE OF WORK, WHO WILL THEN SUBMIT THE LIST TO THE LEGISLATURE.
   4.  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  STATE CIVIL SERVICE COMMISSION OR LOCAL CIVIL SERVICE ADMINIS-
 TRATION, AS APPLICABLE, SHALL CORRECT THE DISPARITY.
   5. AN EMPLOYER WHO IS IN VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE
 OF SECTION ONE HUNDRED EIGHTEEN OF THIS  TITLE,  AS  DETERMINED  BY  THE
 COMMISSION,  SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION, REDUCE THE
 COMPENSATION OF ANY EMPLOYEE OR REDUCE THE COMPENSATION  FOR  ANY  POSI-
 TION.
   6.  BEGINNING  WITH  THE  BUDGET  REQUESTS  FOR  THE FIRST FISCAL YEAR
 COMMENCING AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR  SHALL
 INCLUDE  THE  APPROPRIATION  NECESSARY  TO  ENSURE THAT COMPENSATION FOR
 STATE EMPLOYEES ARE SET IN ACCORDANCE WITH SECTION ONE  HUNDRED  FIFTEEN
 AND  PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED EIGHTEEN OF
 THIS TITLE.
   § 3. This act shall take effect immediately.

co-Sponsors

2019-S838A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §118, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5271
2011-2012: S248
2013-2014: S1871
2015-2016: S3249
2017-2018: S5480

2019-S838A (ACTIVE) - Summary

2019-S838A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S838A

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the civil service law, in relation to
implementing a state policy of setting salaries on the basis of equiv-
alent value of work

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would implement a state policy to ensure public employees
receive fair and equal pay for substantially similar work.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends paragraph (c) of subdivision 1 of section
118 of the civil service law to ensure the principle of fair and equal
pay for substantially similar work in terms of skill, effort, responsi-
bility and working conditions for employees with status in a protected
class.

Section two of the bill adds a new paragraph (c) to section 118 of the

civil service law to provide that employees with status in a protected
class shall not be paid a wage less than employees without status within
a protected or with status in the same or different protected class.

Section three of the bill sets the effective date.

 
JUSTIFICATION:

While newspapers carry banner headlines about the advances women have
made in the work force, the fact is, women's wages continue to lag far
behind men's. The economic position of women on the whole has deteri-
orated, despite affirmative action and equal pay laws and-the movement
of some women into a few traditionally male-dominated occupations.

According to a 2003 report from the General Accounting Office on Women's
Earnings, which examined 38 years of data, found a 20 percent earnings
gap between women and men that could not be explained, even when
accounting for demographic and work-related factors such as occupation,
industry, race, marital status and job tenure.

This legislation would ensure equal pay for individuals within a
protected class, as defined in the Executive Law, who are conducting
substantially similar work.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately.

2019-S838A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  838--A
     Cal. No. 281
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY, LIU, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Civil
   Service  and  Pensions  --  reported favorably from said committee and
   committed to the Committee on Finance -- 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 implementing a
   state policy of setting salaries on the basis of equivalent  value  of
   work
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (c) of subdivision 1 of section 118 of the civil
 service law, as added by chapter 790 of the laws of 1958, is amended and
 three new paragraphs (d), (e) and (f) are added to read as follows:
   (c) The principle of fair and equal  pay  for  similar  work  AND  FOR
 EQUIVALENT  VALUE  OF  WORK  shall be followed in the classification and
 reclassification and the allocation and reallocation of positions pursu-
 ant to this article and all positions having the  same  title  shall  be
 allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
 TITLES  OR  POSITION CLASSIFICATIONS THAT ARE EQUAL BASED ON AN EXAMINA-
 TION OF THE QUALIFICATIONS FOR AND THE NATURE AND PURPOSE OF  THE  WORK,
 ORGANIZATION, AND SUPERVISORY RELATIONSHIPS AND BASIC DUTIES AND RESPON-
 SIBILITIES,  OR  TITLES  OR POSITION CLASSIFICATIONS THAT ARE DISSIMILAR
 BUT WHOSE REQUIREMENTS ARE EQUIVALENT, BASED ON AN  EXAMINATION  OF  JOB
 QUALIFICATIONS,  KIND OF WORK PERFORMED, THE LEVEL OF RESPONSIBILITY FOR
 THAT WORK, THE SKILLS UTILIZED, THE  EFFORT  REQUIRED  AND  THE  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 COMPENSATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03288-02-9

 S. 838--A                           2
 
   (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE 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;
   (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.
   (E)  FOR  THE  PURPOSE OF PARAGRAPH (D) OF THIS SUBDIVISION, "BUSINESS
 NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
 SHIP TO THE EMPLOYMENT IN QUESTION.
   (F)  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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Senate Bill S838A

Share this bill

Sponsored By

Velmanette Montgomery

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

Bill Amendments

co-Sponsors

John C. Liu

Kevin Thomas

2019-S838 - Details

2019-S838 - Summary

2019-S838 - Sponsor Memo

2019-S838 - Bill Text download pdf

co-Sponsors

Andrew Gounardes

John C. Liu

Kevin Thomas

2019-S838A (ACTIVE) - Details

2019-S838A (ACTIVE) - Summary

2019-S838A (ACTIVE) - Sponsor Memo

2019-S838A (ACTIVE) - Bill Text download pdf

Comments