Bill Text: NY S00399 | 2011-2012 | General Assembly | Introduced
Bill Title: Makes it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth; specifically provides when differing compensation is permissible; provides for phase-in.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00399 Detail]
Download: New_York-2011-S00399-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
399
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the executive law, in relation to making it a discrimi-
natory practice to 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. Section 296 of the executive law is amended by adding a new
2 subdivision 22 to read as follows:
3 22. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
4 ER TO DISCRIMINATE BETWEEN EMPLOYEES IN THE SAME PLACE OF BUSINESS ON
5 THE BASIS OF SEX, BY COMPENSATING ANY EMPLOYEE IN ANY OCCUPATION AT A
6 SALARY OR RATE LESS THAN THE SALARY OR RATE AT WHICH HE OR SHE COMPEN-
7 SATES ANY EMPLOYEE OF THE OPPOSITE SEX FOR JOBS WHICH HAVE COMPARABLE
8 WORTH AS MEASURED BY THE SKILL, EFFORT AND RESPONSIBILITY NORMALLY
9 REQUIRED IN THE PERFORMANCE OF WORK AND THE CONDITIONS UNDER WHICH THE
10 WORK IS NORMALLY PERFORMED.
11 (B) NOTHING IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL PROHIBIT
12 DIFFERING COMPENSATION TO EMPLOYEES WHERE SUCH COMPENSATION IS CALCU-
13 LATED PURSUANT TO:
14 (1) A BONA FIDE SENIORITY SYSTEM;
15 (2) A MERIT SYSTEM; OR
16 (3) A SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY OF
17 PRODUCTION.
18 (C) AN EMPLOYER WHO IS IN VIOLATION OF THIS SUBDIVISION SHALL NOT, IN
19 ORDER TO COMPLY WITH THIS SUBDIVISION, REDUCE THE COMPENSATION OF ANY
20 EMPLOYEE OR REDUCE THE RATE OF COMPENSATION FOR ANY POSITION.
21 (D) AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPEN-
22 SATION TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS SUBDIVISION SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01054-01-1
S. 399 2
1 NOT BE A BAR TO ANY ACTION TO WHICH THE EMPLOYEE WOULD OTHERWISE BE
2 ENTITLED TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION.
3 (E) NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE CONSTRUED TO
4 IMPEDE, INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO
5 EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHER-
6 WISE DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING
7 RELATIONSHIP.
8 (F) NO EMPLOYER SHALL BE FOUND TO BE IN VIOLATION OF THIS SUBDIVISION
9 FOR COMPENSATING EMPLOYEES OF DIFFERENT SEXES DIFFERENTLY FOR WORK THAT
10 IS OF COMPARABLE WORTH DURING THE THREE YEAR PERIOD BEGINNING ON THE
11 EFFECTIVE DATE OF THIS SUBDIVISION, PROVIDED SUCH EMPLOYER HAS INSTI-
12 TUTED A PLAN THAT WILL LEAD TO COMPLIANCE WITH THIS SUBDIVISION AFTER
13 SUCH THREE YEAR PERIOD EXPIRES.
14 S 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
