Bill Text: NY S07057 | 2011-2012 | General Assembly | Introduced

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Bill Title: Implements compliance with the federal Equal Pay Act of 1963 by establishing a state policy of compensating employees in state civil 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 office for employee relations on those segregated titles for which wage disparity exists; directs the governor to appropriate moneys to ensure wage disparities are corrected.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-04-26 - REFERRED TO CIVIL SERVICE AND PENSIONS [S07057 Detail]

Download: New_York-2011-S07057-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7057
                                   I N  S E N A T E
                                    April 26, 2012
                                      ___________
       Introduced  by  Sen.  BALL  --  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 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 THE STATE OF NEW YORK
    4  TO 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,  SECTION  FORTY-C  OF THE CIVIL RIGHTS LAW, WHICH
   10  PROHIBITS DISCRIMINATION ON THE BASIS OF RACE,  CREED,  COLOR,  NATIONAL
   11  ORIGIN, SEX, SEXUAL ORIENTATION OR MARITAL STATUS AND ARTICLE FIFTEEN OF
   12  THE  EXECUTIVE  LAW, WHICH PROHIBITS DISCRIMINATION ON THE BASIS OF SEX,
   13  RACE, SEXUAL ORIENTATION OR NATIONAL ORIGIN IN ALL TERMS OF  EMPLOYMENT.
   14  CONSISTENT  WITH  THESE  LAWS, IT IS THE POLICY OF THE STATE TO ENSURE A
   15  FAIR, NON-BIASED WAGE STRUCTURE FOR ITS EMPLOYEES IN  WHICH  SEX,  RACE,
   16  SEXUAL  ORIENTATION  OR  NATIONAL  ORIGIN  IS NOT A CONSIDERATION EITHER
   17  DIRECTLY OR INDIRECTLY IN DETERMINING  THE  PROPER  COMPENSATION  FOR  A
   18  TITLE IN STATE SERVICE, NOR IN DETERMINING THE PAY FOR ANY INDIVIDUAL OR
   19  GROUP  OF  EMPLOYEES.   In order to attract unusual merit and ability to
   20  the service of the state of New York,  to  stimulate  higher  efficiency
   21  among  the  personnel,  to  provide skilled leadership in administrative
   22  departments, to reward merit and to insure to the people and the taxpay-
   23  ers of the state of New York the highest  return  in  services  for  the
   24  necessary  costs of government, it is [hereby declared to be] the policy
   25  of the state to provide equal pay for [equal] SIMILAR work AND FOR  WORK
   26  OF  COMPARABLE  VALUE, and regular increases in pay in proper proportion
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15400-01-2
       S. 7057                             2
    1  to increase of ability, increase of output and increase  of  quality  of
    2  work demonstrated in service.
    3    S  2.  Paragraph  (c)  of  subdivision  1  of section 118 of the civil
    4  service law, as added by chapter 790 of the laws of 1958, is amended  to
    5  read as follows:
    6    (c)  The principle of fair and equal pay for similar work AND FOR WORK
    7  OF COMPARABLE VALUE shall be followed in the classification and  reclas-
    8  sification  and the allocation and reallocation of positions pursuant to
    9  this article and all positions having the same title shall be  allocated
   10  to  the  same  salary  grade.  COMPARABLE  VALUE  SHALL BE DETERMINED BY
   11  COMPARING JOB TITLES ON THE BASIS OF STANDARDS WHICH INCLUDE THE COMPOS-
   12  ITE OF SUCH BASIC ELEMENTS OF A JOB AS THE KNOWLEDGE,  SKILLS,  ACCOUNT-
   13  ABILITY, MENTAL OR PHYSICAL STRESS AND EFFORT, EXTRAORDINARY DANGERS AND
   14  RESPONSIBILITIES  NORMALLY  REQUIRED  TO SATISFACTORILY PERFORM THE JOB.
   15  THE PRINCIPLE OF FAIR  AND  EQUAL  PAY  FOR  WORK  OF  COMPARABLE  VALUE
   16  REQUIRES THAT CONSIDERATION OF SEX, RACE, SEXUAL ORIENTATION OR NATIONAL
   17  ORIGIN  SHALL  NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF
   18  SALARIES.
   19    S 3. The civil service law is amended by adding a new section  119  to
   20  read as follows:
   21    S  119. COMPARABILITY OF VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED
   22  AND ADJUSTED. 1. THE LEGISLATURE FINDS THAT DESPITE THE  POLICY  OF  THE
   23  STATE  AS  DECLARED  IN  SECTION  ONE HUNDRED FIFTEEN OF THIS TITLE, JOB
   24  TITLES WHICH ARE SEGREGATED BY SEX, RACE OR  NATIONAL  ORIGIN  MAY  HAVE
   25  BEEN  UNDERVALUED  AND  ASSIGNED WAGES WHICH DO NOT REFLECT THE RELATIVE
   26  WORTH OF THE JOB. IT IS THE INTENT OF THE  LEGISLATURE  TO  REMEDY  SUCH
   27  UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
   28    2.  FOR  PURPOSES OF THIS SECTION "SEGREGATED TITLES (X)" MEANS TITLES
   29  OR ANY CLASS OF TITLES IN WHICH THE NUMBER OF INCUMBENTS OF A SEX,  RACE
   30  OR  NATIONAL  ORIGIN  IS  GREATER THAN THE SUM OF THE PERCENTAGE OF THAT
   31  SEX, RACE OR NATIONAL ORIGIN  IN  THE  STATE  SERVICE  (P)  PLUS  TWENTY
   32  PERCENT  OF  THAT PERCENTAGE (.2(P)). THIS IS REPRESENTED BY THE FORMULA
   33  (X = P + .2(P)).
   34    3. THE PRESIDENT SHALL, BY JANUARY FIRST OF EACH YEAR, SUBMIT  TO  THE
   35  LEGISLATURE  AND  THE  OFFICE  OF EMPLOYEE RELATIONS, A LIST SHOWING, BY
   36  EMPLOYEE ORGANIZATION AND FOR MANAGEMENT/CONFIDENTIAL  EMPLOYEES,  THOSE
   37  SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE COMPARABILI-
   38  TY  OF  THE  VALUE  OF  THE WORK. THE PRESIDENT SHALL ALSO SUBMIT TO THE
   39  LEGISLATURE, THE OFFICE OF EMPLOYEE RELATIONS AND THE  DIVISION  OF  THE
   40  BUDGET  ALONG  WITH THE LIST, AN ESTIMATE OF THE APPROPRIATION NECESSARY
   41  TO CORRECT SUCH DISPARITIES.
   42    4. BEGINNING WITH THE BUDGET  REQUESTS  FOR  THE  SECOND  FISCAL  YEAR
   43  COMMENCING  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
   44  INCLUDE THE APPROPRIATION NECESSARY TO ENSURE THAT SALARIES ARE  SET  IN
   45  ACCORDANCE  WITH SUBDIVISION ONE OF THIS SECTION AND SECTION ONE HUNDRED
   46  FIFTEEN, AND PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  ONE  HUNDRED
   47  EIGHTEEN OF THIS TITLE.
   48    5. NO SALARY SHALL BE REDUCED TO ACHIEVE COMPARABLE COMPENSATION UNDER
   49  THE PROVISIONS OF THIS SECTION.
   50    S 4. This act shall take effect immediately.