Bill Text: NY A01780 | 2011-2012 | General Assembly | Introduced
Bill Title: 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; requires the president of the civil service commission to report annually to the legislature and the governor on those segregated titles for which wage disparity exists; mandates governor to appropriate monies to ensure wage disparities are corrected.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Engrossed - Dead) 2012-04-18 - REFERRED TO CIVIL SERVICE AND PENSIONS [A01780 Detail]
Download: New_York-2011-A01780-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1780
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. ROSENTHAL, JAFFEE, ROBINSON, PAULIN, SCHIMEL,
WRIGHT, GOTTFRIED, GABRYSZAK, GALEF -- Multi-Sponsored by -- M. of A.
BRENNAN, COLTON, COOK, DESTITO, DINOWITZ, FARRELL, GLICK, HEASTIE,
JACOBS, LUPARDO, MAISEL, McENENY, MENG, MILLMAN, O'DONNELL, PERRY,
N. RIVERA, SPANO, WEINSTEIN, WEISENBERG -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to implementing a
state policy of setting salaries on the basis of comparability of
value of the work
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 115 of the civil service law, as added by chapter
2 790 of the laws of 1958, is amended to read as follows:
3 S 115. Policy of the state. IT IS THE POLICY OF NEW YORK STATE TO
4 COMPLY WITH THE LETTER AND SPIRIT OF THE FEDERAL "EQUAL PAY ACT OF
5 1963," PUB. L. 88-38 (29 U.S.C. S 206) WHICH REQUIRES THAT EMPLOYEES OF
6 BOTH SEXES RECEIVE EQUAL PAY FOR EQUAL WORK, THE FEDERAL "CIVIL RIGHTS
7 ACT OF 1964," PUB. L. 88-352 (42 U.S.C. S 2000E-2) WHICH PROHIBITS
8 DISCRIMINATION ON THE BASIS OF SEX, RACE, AND NATIONAL ORIGIN IN ALL
9 TERMS OF EMPLOYMENT, ARTICLE FIFTEEN OF THE EXECUTIVE LAW AND SECTION
10 FORTY-C OF THE CIVIL RIGHTS LAW, WHICH PROHIBIT DISCRIMINATION ON THE
11 BASIS OF SEX, RACE OR NATIONAL ORIGIN IN ALL TERMS OF EMPLOYMENT.
12 CONSISTENT WITH THESE LAWS, IT IS THE POLICY OF THE STATE TO ENSURE A
13 FAIR, NON-BIASED WAGE STRUCTURE FOR ITS EMPLOYEES IN WHICH SEX, RACE, OR
14 NATIONAL ORIGIN IS NOT A CONSIDERATION EITHER DIRECTLY OR INDIRECTLY IN
15 DETERMINING THE PROPER COMPENSATION FOR A TITLE IN STATE SERVICE, NOR IN
16 DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES. In order
17 to attract unusual merit and ability to the service of the state of New
18 York, to stimulate higher efficiency among the personnel, to provide
19 skilled leadership in administrative departments, to reward merit and to
20 insure to the people and the taxpayers of the state of New York the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01541-01-1
A. 1780 2
1 highest return in services for the necessary costs of government, it is
2 [hereby declared to be] the policy of the state to provide equal pay for
3 [equal] SIMILAR work AND FOR WORK OF COMPARABLE VALUE, and regular
4 increases in pay in proper proportion to increase of ability, increase
5 of output and increase of quality of work demonstrated in service.
6 S 2. Paragraph (c) of subdivision 1 of section 118 of the civil
7 service law, as added by chapter 790 of the laws of 1958, is amended to
8 read as follows:
9 (c) The principle of fair and equal pay for similar work AND FOR WORK
10 OF COMPARABLE VALUE shall be followed in the classification and reclas-
11 sification and the allocation and reallocation of positions pursuant to
12 this article and all positions having the same title shall be allocated
13 to the same salary grade. COMPARABLE VALUE SHALL BE DETERMINED BY
14 COMPARING JOB TITLES ON THE BASIS OF STANDARDS WHICH INCLUDE THE COMPOS-
15 ITE OF SUCH BASIC ELEMENTS OF A JOB AS THE KNOWLEDGE, SKILLS, ACCOUNT-
16 ABILITY, MENTAL OR PHYSICAL STRESS AND EFFORT, EXTRAORDINARY DANGERS AND
17 RESPONSIBILITIES NORMALLY REQUIRED TO SATISFACTORILY PERFORM THE JOB.
18 THE PRINCIPLE OF FAIR AND EQUAL PAY FOR WORK OF COMPARABLE VALUE
19 REQUIRES THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL NOT
20 INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF SALARIES.
21 S 3. The civil service law is amended by adding a new section 119 to
22 read as follows:
23 S 119. COMPARABILITY OF VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED
24 AND ADJUSTED. 1. THE LEGISLATURE FINDS THAT DESPITE THE POLICY OF NEW
25 YORK STATE AS DECLARED IN SECTION ONE HUNDRED FIFTEEN OF THIS ARTICLE,
26 JOB TITLES WHICH ARE SEGREGATED BY SEX, RACE, OR NATIONAL ORIGIN MAY
27 HAVE BEEN UNDERVALUED AND ASSIGNED WAGES WHICH DO NOT REFLECT THE RELA-
28 TIVE WORTH OF THE JOB. IT IS THE INTENT OF THE LEGISLATURE TO REMEDY
29 SUCH UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
30 2. FOR PURPOSES OF THIS SECTION SEGREGATED TITLES (X) MEANS TITLES OR
31 ANY CLASS OF TITLES IN WHICH THE NUMBER OF INCUMBENTS OF A SEX, RACE OR
32 NATIONAL ORIGIN IS GREATER THAN THE SUM OF THE PERCENTAGE OF THAT SEX,
33 RACE OR NATIONAL ORIGIN IN THE STATE SERVICE (P) PLUS TWENTY PERCENT OF
34 THAT PERCENTAGE (.2(P)). THIS IS REPRESENTED BY THE FORMULA (X = P +
35 .2(P)).
36 3. THE PRESIDENT OF THE COMMISSION SHALL, BY JANUARY FIRST OF EACH
37 YEAR, SUBMIT TO THE LEGISLATURE AND THE GOVERNOR'S OFFICE OF EMPLOYEE
38 RELATIONS, A LIST SHOWING, BY NEGOTIATING UNIT AND FOR
39 MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGREGATED TITLES FOR WHICH A
40 DISPARITY EXISTS BASED ON THE COMPARABILITY OF THE VALUE OF THE WORK.
41 SUCH PRESIDENT SHALL ALSO SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S
42 OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF THE BUDGET ALONG WITH
43 THE LIST, AN ESTIMATE OF THE APPROPRIATION NECESSARY TO CORRECT SUCH
44 DISPARITIES.
45 4. BEGINNING WITH THE BUDGET REQUESTS FOR THE SECOND FISCAL YEAR
46 COMMENCING AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
47 INCLUDE THE APPROPRIATION NECESSARY TO ENSURE THAT SALARIES ARE SET IN
48 ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION AND SECTION ONE HUNDRED
49 FIFTEEN, AND PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED
50 EIGHTEEN OF THIS ARTICLE.
51 5. NO SALARY SHALL BE REDUCED TO ACHIEVE COMPARABLE COMPENSATION UNDER
52 THE PROVISIONS OF THIS SECTION.
53 S 4. This act shall take effect immediately.
