Bill Text: NY S03685 | 2013-2014 | General Assembly | Amended

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Bill Title: Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth; provides for exceptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S03685 Detail]

Download: New_York-2013-S03685-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3685--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 11, 2013
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and  recommitted  to  said  committee  --  committee  discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to  amend  the civil service law, in relation to discriminatory
         practices where public employers  compensate  employees  of  different
         sexes differently for work that is of comparable worth
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil service law is amended by adding  a  new  section
    2  153 to read as follows:
    3    S  153.  WAGE  DISCRIMINATION  BY  SEX PROHIBITED.   1. IT SHALL BE AN
    4  UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC EMPLOYER IN  THIS  STATE
    5  TO  DISCRIMINATE BETWEEN EMPLOYEES IN ITS EMPLOY ON THE BASIS OF SEX, BY
    6  COMPENSATING ANY EMPLOYEE IN ANY OCCUPATION AT A  SALARY  OR  RATE  LESS
    7  THAN THE SALARY OR RATE AT WHICH OTHER EMPLOYEES OF THE OPPOSITE SEX ARE
    8  COMPENSATED FOR POSITIONS OR TITLES WHICH HAVE COMPARABLE WORTH AS MEAS-
    9  URED  BY  THE  SKILL, EFFORT AND RESPONSIBILITY NORMALLY REQUIRED IN THE
   10  PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE WORK IS  NORMALLY
   11  PERFORMED.
   12    2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT DIFFERING
   13  COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCULATED PURSUANT
   14  TO A BONA FIDE SENIORITY SYSTEM.
   15    3. A PUBLIC EMPLOYER WHO IS IN VIOLATION OF THIS SECTION SHALL NOT, IN
   16  ORDER  TO  COMPLY  WITH  THIS  SECTION,  REDUCE  THE COMPENSATION OF ANY
   17  EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
   18    4. AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPENSATION
   19  TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SECTION SHALL NOT BE A  BAR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02625-04-3
       S. 3685--B                          2
    1  TO  ANY  ACTION  TO  WHICH  THE  EMPLOYEE WOULD OTHERWISE BE ENTITLED TO
    2  ENFORCE THE PROVISIONS OF THIS SECTION.
    3    5.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
    4  INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES
    5  THROUGH  BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
    6  ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
    7    6. NO PUBLIC EMPLOYER SHALL BE  FOUND  TO  BE  IN  VIOLATION  OF  THIS
    8  SECTION  FOR  COMPENSATING  EMPLOYEES OF DIFFERENT SEXES DIFFERENTLY FOR
    9  WORK THAT IS OF COMPARABLE WORTH DURING THE THREE YEAR PERIOD  BEGINNING
   10  ON THE EFFECTIVE DATE OF THIS SECTION, PROVIDED SUCH EMPLOYER HAS INSTI-
   11  TUTED  A  PLAN THAT WILL LEAD TO COMPLIANCE WITH THIS SECTION AFTER SUCH
   12  THREE YEAR PERIOD EXPIRES.
   13    7. AS USED IN THIS SECTION, THE TERM PUBLIC OFFICER OR EMPLOYEE  SHALL
   14  NOT  INCLUDE  THOSE  EMPLOYEES  IN  THE UNCLASSIFIED SERVICE PURSUANT TO
   15  SECTION THIRTY-FIVE OF THIS  CHAPTER,  EMPLOYEES  DEEMED  MANAGERIAL  OR
   16  CONFIDENTIAL  UNDER ARTICLE FOURTEEN OF THIS CHAPTER AND THE OFFICERS OR
   17  EMPLOYEES OF MUNICIPALITIES  OR  OTHER  POLITICAL  SUBDIVISIONS  OF  THE
   18  STATE.
   19    S  2.  This  act shall take effect on the ninetieth day after it shall
   20  have become a law.