Bill Text: NY S07238 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to demonstrating the permissibility of a differential rate of pay; provides for a private right of action for such discrimination and penalties for certain violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-11 - REFERRED TO LABOR [S07238 Detail]

Download: New_York-2015-S07238-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7238
                    IN SENATE
                                     April 11, 2016
                                       ___________
        Introduced  by  Sen. SANDERS -- 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 demonstrating the  permis-
          sibility of a differential in rate of pay
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 194 of the labor law is amended by adding three new
     2  subdivisions 5, 6 and 7 to read as follows:
     3    5. An employer asserting  that  differential  wages  are  paid  for  a
     4  permissible  reason  under  subdivision one of this section shall demon-
     5  strate that such reason:
     6    a. Does not perpetuate a sex-based differential in compensation; and
     7    b. Is job-related with respect to the  position  in  question  and  is
     8  consistent  with business necessity. Such exception under this paragraph
     9  shall not apply when the employee demonstrates:
    10    (i) That an employer uses a particular employment practice that causes
    11  a disparate impact on the basis of sex;
    12    (ii) That an alternative employment practice exists that  would  serve
    13  the same business purpose and not produce such differential; and
    14    (iii)  That  the  employer has refused to adopt such alternative prac-
    15  tice.
    16    6. Every employer subject to this section shall post in a  conspicuous
    17  place  or  places  on  his  or  her  premises a notice to be prepared or
    18  approved by the commissioner, which shall set  forth  excerpts  of  this
    19  section  and any other relevant information which the commissioner deems
    20  necessary to explain this section. Any employer refusing to comply  with
    21  the  provisions  of this section shall be punished by a fine of not less
    22  than one hundred dollars nor more than five hundred dollars.
    23    7. a. Any employee or former employee, for and on behalf of himself or
    24  herself and other similarly  situated  employees,  or  any  organization
    25  representing  such  an  employee  or  former  employee  aggrieved  by  a
    26  violation of this section may file a civil action in any court of compe-
    27  tent jurisdiction to obtain relief.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13762-01-6