Bill Text: NY S05248 | 2019-2020 | General Assembly | Introduced


Bill Title: Defines "protected class"; prohibits differential rate of pay on the basis of protected class status.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-13 - ADVANCED TO THIRD READING [S05248 Detail]

Download: New_York-2019-S05248-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5248
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 18, 2019
                                       ___________
        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        AN ACT to amend the labor law, in  relation  to  the  prohibition  of  a
          differential rate of pay on the basis of protected class status
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The section heading and subdivision 1 of section 194 of the
     2  labor law, the section heading as added by chapter 548 of  the  laws  of
     3  1966  and  subdivision  1 as amended by chapter 362 of the laws of 2015,
     4  are amended to read as follows:
     5    Differential in rate of pay because of [sex]  protected  class  status
     6  prohibited.    1.  "Protected  class"  includes  the  list of categories
     7  protected from discrimination pursuant to paragraph (a)  of  subdivision
     8  one of section two hundred ninety-six of the executive law.
     9    1-a.  No employee who is a member of a protected class shall be paid a
    10  wage at a rate less than the rate at which an employee [of the  opposite
    11  sex]  who  is not a member of the protected class in the same establish-
    12  ment is paid for [equal work on a job the performance of which  requires
    13  equal  skill,  effort  and  responsibility, and which is performed under
    14  similar working conditions] substantially similar work, when viewed as a
    15  composite of skill, effort,  and  responsibility,  and  performed  under
    16  similar  working  conditions, except where payment is made pursuant to a
    17  differential based on:
    18    a. a seniority system;
    19    b. a merit system;
    20    c. a  system  which  measures  earnings  by  quantity  or  quality  of
    21  production; or
    22    d.  a  bona  fide  factor other than [sex] the protected class status,
    23  such as education, training, or experience. Such factor: (i)  shall  not
    24  be  based  upon  [or derived from] a [sex-based] differential in compen-
    25  sation that was originally derived from a  protected  class  status  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10298-04-9

        S. 5248                             2
     1  (ii)  shall  be job-related with respect to the position in question and
     2  shall be consistent with business necessity. Such exception  under  this
     3  paragraph  shall  not  apply  when the employee demonstrates (A) that an
     4  employer  uses  a particular employment practice that causes a disparate
     5  impact on the basis of [sex] protected class status, (B) that an  alter-
     6  native  employment  practice  exists  that would serve the same business
     7  purpose and not produce such differential, and (C) that the employer has
     8  refused to adopt such alternative practice.
     9    § 2. This act shall take effect on the one hundred eightieth day after
    10  it shall have become a law.
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