Bill Text: NY A09754 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to fair, non-biased compensation; provides for remedies and enforcement where an employee believes he or she is being discriminated against in terms of compensation in violation of section 115 of the civil service law; makes related provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2016-04-11 - REFERRED TO CIVIL SERVICE AND PENSIONS [A09754 Detail]

Download: New_York-2015-A09754-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9754
                   IN ASSEMBLY
                                      April 5, 2016
                                       ___________
        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Governmental Employees
        AN ACT to amend the civil service law, in relation to a fair, non-biased
          compensation structure
          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    § 115. Policy of the state.1. In order to attract  unusual  merit  and
     4  ability  to  the  service of the state of New York and all its political
     5  subdivisions, to stimulate higher efficiency  among  the  personnel,  to
     6  provide  skilled  leadership  in  administrative  departments, to reward
     7  merit and to insure to the people and the taxpayers of the state of  New
     8  York  the  highest return in services for the necessary costs of govern-
     9  ment, it is hereby declared to be the policy of the  state  [to  provide
    10  equal  pay  for equal work;] and all its political subdivisions thereof,
    11  consistent with the federal Equal Pay Act of 1963 (29 U.S.C. § 206), the
    12  federal Civil Rights Act (42 U.S.C. § 2000e-2), article fifteen  of  the
    13  executive  law, and section forty-c of the civil rights law, to ensure a
    14  fair, non-biased compensation structure for all employees in which  sex,
    15  race, or national origin is not considered either directly or indirectly
    16  in determining the proper compensation for a title or in determining the
    17  pay  for  any  individual  or group of employees, and to provide regular
    18  increases in pay in proper proportion to increase of  ability,  increase
    19  of output and increase of quality of work demonstrated in service.
    20    2.  For  the  purpose  of  this section, the term "compensation" shall
    21  include but not be limited to: all earnings of an employee for labor  or
    22  services  rendered, regardless of whether the amount of earnings is paid
    23  on an annual salary, hourly, biweekly or per diem  basis;  reimbursement
    24  for expenses; health, welfare and retirement benefits; and vacation pay,
    25  sick pay, separation or holiday pay, or any other form of remuneration.
    26    3.  (a)  Where  an  employee believes he or she is being discriminated
    27  against in terms of compensation in  violation  of  this  section,  such
    28  employee  may  bring an action in any court of competent jurisdiction to
    29  recover the equitable and monetary relief described in paragraph (b)  of
    30  this subdivision.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14906-01-6