Bill Text: NY A00762 | 2019-2020 | 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 32-0)

Status: (Introduced) 2019-03-19 - reported referred to ways and means [A00762 Detail]

Download: New_York-2019-A00762-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           762
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2019
                                       ___________
        Introduced  by  M. of A. L. ROSENTHAL, JAFFEE, PAULIN, GOTTFRIED, GALEF,
          WEPRIN, HEVESI, ENGLEBRIGHT, CRESPO,  STECK,  STIRPE,  SOLAGES,  OTIS,
          WALKER,  COLTON, M. G. MILLER, SEAWRIGHT, NIOU, BLAKE, ORTIZ -- Multi-
          Sponsored by -- M.  of A. BUCHWALD, COOK,  DINOWITZ,  EPSTEIN,  GLICK,
          LUPARDO,  PERRY  -- read once and referred to the Committee on Govern-
          mental Employees
        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:
     1    Section 1.  Paragraph (c) of subdivision 1 of section 118 of the civil
     2  service law, as added by chapter 790 of the laws of 1958, is amended and
     3  three new paragraphs (d), (e) and (f) are added to read as follows:
     4    (c)  The  principle  of  fair  and  equal pay for similar work and for
     5  equivalent value of work shall be followed  in  the  classification  and
     6  reclassification and the allocation and reallocation of positions pursu-
     7  ant  to  this  article  and all positions having the same title shall be
     8  allocated to the same salary grade.  Equivalent value of work shall mean
     9  titles or position classifications that are equal within the meaning  of
    10  the Equal Pay Act of 1963, 29 U.S.C. 206(d), or titles or position clas-
    11  sifications  that  are dissimilar but whose requirements are equivalent,
    12  when viewed as a composite of skills, effort, responsibility and working
    13  conditions. The principle of fair and equal pay for equivalent value  of
    14  work  requires  that consideration of sex, race or national origin shall
    15  not influence directly or indirectly the establishment of compensation.
    16    (d) It shall not be an unlawful employment practice for an employer to
    17  pay different compensation to employees, where such  payments  are  made
    18  pursuant to:
    19    (1) a bona fide seniority or merit system;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03288-01-9

        A. 762                              2
     1    (2)  a  bona fide system that measures earnings by quantity or quality
     2  of production;
     3    (3) a bona fide system based on geographic differentials;
     4    (4)  any  other  bona  fide  factor  other  than sex, race or national
     5  origin, such as education, training, or  experience.  Such  factor:  (A)
     6  shall  not be based upon or derived from a sex, race, or national origin
     7  based differential in compensation and (B)  shall  be  job-related  with
     8  respect  to  the position in question and shall be consistent with busi-
     9  ness necessity. Such exception under this paragraph shall not apply when
    10  the employee demonstrates (i) that an employer uses a particular employ-
    11  ment practice that causes a disparate impact on the basis of sex,  race,
    12  or  national origin, (ii) that an alternative employment practice exists
    13  that would serve the same purpose and not produce such differential, and
    14  (iii) that the employer has refused to adopt such alternative practice.
    15    (e) For the purpose of paragraph (d) of  this  subdivision,  "business
    16  necessity"  shall be defined as a factor that bears a manifest relation-
    17  ship to the employment in question.
    18    (f) Nothing set forth in this section shall be  construed  to  impede,
    19  infringe  or  diminish the rights and benefits which accrue to employees
    20  through collective bargaining  agreements,  or  otherwise  diminish  the
    21  integrity of the existing collective bargaining relationship.
    22    §  2.  The civil service law is amended by adding a new section 119 to
    23  read as follows:
    24    § 119. Equivalent value of work; segregated job  titles  reviewed  and
    25  adjusted.  1.  The civil service commission shall promulgate regulations
    26  specifying the methodology for  determining  equivalent  value  of  work
    27  based  on  skill,  effort,  responsibility,  and working conditions. Any
    28  methodology prescribed by the commission, such  as  a  systematic  point
    29  factor  job  evaluation  system, shall ensure that comparison systems do
    30  not ignore or undervalue the worth of jobs where a certain sex, race, or
    31  national origin is disproportionately represented. For the  purposes  of
    32  this chapter, a segregated title shall constitute any title in which the
    33  total  percentage  of  employees  of  a particular sex, race or national
    34  origin in the title is equal to  or  greater  than  one  hundred  twenty
    35  percent  of  the  percentage of that sex, race or national origin in the
    36  employ of the state or the political subdivision. The department  shall,
    37  upon  the  request  of  any  local  civil service administration, render
    38  service or technical advice and  assistance  relative  to  the  position
    39  classification  and  pay  equity  compensation assessment of offices and
    40  employments under the jurisdiction of such local civil service  adminis-
    41  tration  pursuant  to  subdivision  one  of section twenty-three of this
    42  chapter.
    43    2. The president shall, by January first, two thousand twenty-one, and
    44  every five years thereafter, submit to the legislature  and  the  gover-
    45  nor's  office of employee relations, a list showing, by negotiating unit
    46  and for management/confidential employees, those segregated  titles  for
    47  which  a  disparity  exists based on the equivalent value of the work as
    48  that term is defined in paragraph (c) of subdivision one of section  one
    49  hundred  eighteen  of this title. The president shall also submit to the
    50  legislature, the governor's office of employee relations and  the  divi-
    51  sion  of  budget  along  with the list, an estimate of the appropriation
    52  necessary to correct such disparities. When the department  creates  new
    53  titles  or,  because of mergers or take-overs, transfers state workforce
    54  from one title to another title, the president shall re-submit such list
    55  of any segregated titles for which  a  disparity  exists  based  on  the
    56  equivalent value of work and shall submit to the legislature, the gover-

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     1  nor's  office of employee relations and the division of budget with such
     2  list an estimate of the appropriation necessary to correct such dispari-
     3  ties.
     4    3.  By October first, two thousand twenty, and every five years there-
     5  after, all local civil service administrations shall submit to the pres-
     6  ident of the commission a list showing,  by  negotiating  unit  and  for
     7  management/confidential  employees,  those segregated titles for which a
     8  disparity exists based on the equivalent value of the work.  The  presi-
     9  dent of the commission shall compile the lists provided to him or her by
    10  the local civil service administrations and, by January first, two thou-
    11  sand twenty-one, and every five years thereafter, submit to the legisla-
    12  ture and the governor's office of employee relations, a list showing, by
    13  negotiating unit and for management/confidential employees, those segre-
    14  gated  titles for which a disparity exists based on the equivalent value
    15  of the work as reported by the local civil service administrations. When
    16  a local civil service administration creates new titles or,  because  of
    17  mergers  or  take-overs,  transfers  workforce from one title to another
    18  title, it shall re-submit to the president of the commission a  list  of
    19  any  segregated  titles for which a disparity exists based on the equiv-
    20  alent value of work, who will then submit the list to the legislature.
    21    4. Upon the discovery of the existence of segregated titles for  which
    22  a  disparity  exists based on the equivalent value of work, the employer
    23  and the state civil service commission or local civil  service  adminis-
    24  tration, as applicable, shall correct the disparity.
    25    5. An employer who is in violation of paragraph (c) of subdivision one
    26  of  section  one  hundred  eighteen  of this title, as determined by the
    27  commission, shall not, in order to comply with this section, reduce  the
    28  compensation  of  any  employee or reduce the compensation for any posi-
    29  tion.
    30    6. Beginning with the  budget  requests  for  the  first  fiscal  year
    31  commencing  after the effective date of this section, the governor shall
    32  include the appropriation necessary  to  ensure  that  compensation  for
    33  state  employees  are set in accordance with section one hundred fifteen
    34  and paragraph (c) of subdivision one of section one hundred eighteen  of
    35  this title.
    36    § 3. This act shall take effect immediately.
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