Bill Text: NY S08087 | 2017-2018 | General Assembly | Introduced
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 1-0)
Status: (Introduced - Dead) 2018-03-27 - REFERRED TO CIVIL SERVICE AND PENSIONS [S08087 Detail]
Download: New_York-2017-S08087-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8087 IN SENATE March 27, 2018 ___________ Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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 provide10equal 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. LBD04560-01-7S. 8087 2 1 (b) (1) In any action in which a court or jury finds that an employer 2 has engaged in acts in violation of this section, the court or jury 3 shall award to any affected employee or employees monetary relief, 4 including back pay in an amount equal to the difference between the 5 employee's actual earnings and what the employee would have earned but 6 for the employer's unlawful practices, including an appropriate increase 7 in retirement benefits, and an additional amount in compensatory and 8 punitive damages, as appropriate. 9 (2) In any action in which a court or jury finds that an employer has 10 engaged in acts in violation of this section, the court shall enjoin the 11 employer from continuing to discriminate against affected employees and 12 shall direct the employer to comply with the provisions of this article; 13 and may order the employer to take such additional affirmative steps as 14 are necessary to ensure an end to unlawful discrimination, including 15 reinstatement to the same or a comparable position for employees in the 16 unclassified service or employees classified as management/confidential 17 or labor; reinstatement with back pay; or reclassification of affected 18 workers. 19 (3) In any action in which an affected employee or employees prevail 20 in their claims against employers, the court may, in addition to any 21 judgement awarded to the plaintiffs, allow a reasonable attorney's fee, 22 reasonable expert witness fees, and other costs of the action to be paid 23 by the employer. 24 (c) An action to recover the damages or equitable relief prescribed in 25 paragraph (b) of this subdivision may be maintained against any employer 26 in any court of competent jurisdiction by any one or more employees or 27 their representative for or on behalf of: 28 (1) the employees; or 29 (2) the employees and other employees similarly situated. 30 4. (a) It shall not be a violation of this section for an employer to 31 pay different compensation to employees, where such payments are made 32 pursuant to: 33 (1) a bona fide seniority or merit system; 34 (2) a bona fide system that measures earnings by quantity or quality 35 of production; 36 (3) a bona fide system based on geographic differentials; or 37 (4) any other bona fide factor other than sex, race or national 38 origin, such as education, training, or experience. Such factor: (A) 39 shall not be based upon or derived from a sex, race, or national origin 40 based differential in compensation; and (B) shall be job-related with 41 respect to the position in question and shall be consistent with busi- 42 ness necessity. Such exception under this paragraph shall not apply when 43 the employee demonstrates (i) that an employer uses a particular employ- 44 ment practice that causes a disparate impact on the basis of sex, race, 45 or national origin, (ii) that an alternative employment practice exists 46 that would serve the same purpose and not produce such differential, and 47 (iii) that the employer has refused to adopt such alternative practice. 48 (b) For the purpose of paragraph (a) of this subdivision, "business 49 necessity" shall be defined as a factor that bears a manifest relation- 50 ship to the employment in question. 51 (c) Nothing set forth in this section shall be construed to impede, 52 infringe or diminish the rights and benefits which accrue to employees 53 through collective bargaining agreements, or otherwise diminish the 54 integrity of the existing collective bargaining relationship. 55 § 2. This act shall take effect immediately.
