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.