NY State Senate Bill 2013-S1871A

Senate Bill S1871A

2013-2014 Legislative Session

Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2014	print number 1871a
Jan 30, 2014	amend and recommit to civil service and pensions
Jan 08, 2014	referred to civil service and pensions
Jan 09, 2013	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2013-S1871 - Details

See Assembly Version of this Bill:: A753
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §§115 & 118, add §119, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5271, A6712
2011-2012: S248, A1780
2015-2016: S3249, A437
2017-2018: S5480, A658
2019-2020: S838, A762

2013-S1871 - Summary

Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin; requires the president of the civil service commission to report annually to the legislature and the governor on those segregated titles for which wage disparity exists; mandates governor to appropriate monies to ensure wage disparities are corrected.

2013-S1871 - Sponsor Memo

                                BILL NUMBER:S1871

TITLE  OF  BILL:   An act to amend the civil service law, in relation to
implementing a state policy of setting salaries on the basis  of  equiv-
alent value of work

PURPOSE  OR  GENERAL  IDEA  OF  BILL:  To  implement the state policy of
compensating employees in state service equally for work  of  comparable
value  by  eliminating  wage  inequality  in  job titles which have been
segregated by sex, race, or national origin.

SUMMARY OF SPECIFIC PROVISIONS: Amends § 115 to  define  intent  of  New
York state to comply with the federal "Equal Pay Act of 1963" and "Civil
Rights Act of 1964" and to state its intent to ensure a fair and non-bi-
ased  wage  structure  for  all  employees  regardless  of  sex, race or
national origin. Amends S 118 of the civil service  law  to  define  how
comparable  value of job titles shall be determined. Adds a new S 119 to
the civil service law which (a) defines segregated titles, (b)  mandates
that  the  President  of the Civil Service Commission report annually to
the Legislature and Executive on those segregated titles for which  wage
disparity exists, and (c) mandates the Governor to request appropriation
necessary to ensure that wage disparities are corrected.

JUSTIFICATION:   While  newspapers  carry  banner  headlines  about  the
advances women have made in the work force, the fact is,  women's  wages
continue  to lag far behind men's. The economic position of women on the

whole has deteriorated, despite affirmative action and equal  pay  laws,
and  the  movement of some women into a few traditionally male-dominated
occupations.

The wage gap exists, in part, because many women  are  still  segregated
into  a  few low-paying occupations. More than half of all women workers
hold sales, clerical and service jobs. Studies show  that  the  more  an
occupation is dominated by women, the less it pays. Part of the wage gap
results  from  differences in education, experience or time in the work-
force. But a significant portion cannot be explained  by  any  of  those
factors;  the General Accounting Office's Oct. 2003 report Women's Earn-
ings, which examined 18 years of data, found a 20 percent  earnings  gap
between  women and men that could not be explained, even when accounting
for demographic and work-related factors such as  occupation,  industry,
race, marital status and job tenure.

More  than  half  of  all  women  work in occupations which are over 70%
female, and 25% are in jobs which are more than 95% female. The National
Academy of Sciences, which has conducted the most authoritative study to
date on comparable worth, found that "the more an  occupation  is  domi-
nated  by  women,  the  less  it  pays."  The Academy concluded that sex
discrimination is deeply imbedded in our society's wage  structures  and
in our so-called free market system.

PRIOR LEGISLATIVE HISTORY: 2011/12: Died in committee

FISCAL IMPLICATIONS:  Determined by amount of wage disparity

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S1871 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1871

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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 implementing a
  state policy of setting salaries on the basis of equivalent  value  of
  work

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 115 of the civil service law, as added  by  chapter
790 of the laws of 1958, is amended to read as follows:
  S  115.    Policy  of the state. IT IS THE POLICY OF NEW YORK STATE TO
COMPLY WITH THE LETTER AND SPIRIT OF  THE  FEDERAL  "EQUAL  PAY  ACT  OF
1963,"  PUB. L. 88-38 (29 U.S.C. S 206) WHICH REQUIRES THAT EMPLOYEES OF
BOTH SEXES RECEIVE EQUAL PAY FOR EQUAL WORK, THE FEDERAL  "CIVIL  RIGHTS
ACT  OF  1964,"  PUB.  L.   88-352 (42 U.S.C. S 2000E-2) WHICH PROHIBITS
DISCRIMINATION ON THE BASIS OF SEX, RACE, AND  NATIONAL  ORIGIN  IN  ALL
TERMS  OF  EMPLOYMENT,  ARTICLE FIFTEEN OF THE EXECUTIVE LAW AND SECTION
FORTY-C OF THE CIVIL RIGHTS LAW, WHICH PROHIBIT  DISCRIMINATION  ON  THE
BASIS  OF  SEX,  RACE  OR  NATIONAL  ORIGIN  IN ALL TERMS OF EMPLOYMENT.
CONSISTENT WITH THESE LAWS, IT IS THE POLICY OF THE STATE  TO  ENSURE  A
FAIR, NON-BIASED WAGE STRUCTURE FOR ITS EMPLOYEES IN WHICH SEX, RACE, OR
NATIONAL  ORIGIN IS NOT A CONSIDERATION EITHER DIRECTLY OR INDIRECTLY IN
DETERMINING THE PROPER WAGES FOR A TITLE IN STATE SERVICE, NOR IN DETER-
MINING THE PAY FOR ANY INDIVIDUAL  OR  GROUP  OF  EMPLOYEES.    FOR  THE
PURPOSE  OF  THIS  CHAPTER,  THE  TERMS  "WAGES"  AND WAGE "RATES" SHALL
INCLUDE ALL COMPENSATION, IN ANY FORM,  THAT  AN  EMPLOYER  PROVIDES  TO
EMPLOYEES  IN  PAYMENT FOR WORK DONE OR SERVICES RENDERED, INCLUDING BUT
NOT LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR  VARIOUS
FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION
TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. In

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02329-01-3

S. 1871                             2

order  to  attract unusual merit and ability to the service of the state
of New York, to stimulate higher  efficiency  among  the  personnel,  to
provide  skilled  leadership  in  administrative  departments, to reward
merit  and to insure to the people and the taxpayers of the state of New
York the highest return in services for the necessary costs  of  govern-
ment,  it  is [hereby declared to be] the policy of the state to provide
equal pay for equal AND SIMILAR work AND FOR EQUIVALENT VALUE  OF  WORK,
and  regular increases in pay in proper proportion to increase of abili-
ty, increase of output and increase of quality of work  demonstrated  in
service.
  S  2.  Paragraph  (c)  of  subdivision  1  of section 118 of the civil
service law, as added by chapter 790 of the laws of 1958, is amended and
two new paragraphs (d) and (e) are added to read as follows:
  (c) The principle of fair and equal  pay  for  similar  work  AND  FOR
EQUIVALENT  VALUE  OF  WORK  shall be followed in the classification and
reclassification and the allocation and reallocation of positions pursu-
ant to this article and all positions having the  same  title  shall  be
allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES  OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING OF
THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
SIFICATIONS THAT ARE DISSIMILAR BUT WHOSE REQUIREMENTS  ARE  EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS.  THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE OF
WORK REQUIRES THAT CONSIDERATION OF SEX, RACE OR NATIONAL  ORIGIN  SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES.
  (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
PAY  DIFFERENT  WAGE  RATES  TO  EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) THE GEOGRAPHIC LOCATION OF THE JOB; OR
  (3) ANY OTHER BONA FIDE  FACTOR  OTHER  THAN  SEX,  RACE  OR  NATIONAL
ORIGIN,  PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN DISCRIMI-
NATION BASED ON SEX, RACE OR NATIONAL ORIGIN.
  (E) NOTHING SET FORTH IN THIS SECTION SHALL BE  CONSTRUED  TO  IMPEDE,
INFRINGE  OR  DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH COLLECTIVE BARGAINING  AGREEMENTS,  OR  OTHERWISE  DIMINISH  THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  S  3.  The civil service law is amended by adding a new section 119 to
read as follows:
  S 119. EQUIVALENT VALUE OF WORK; SEGREGATED JOB  TITLES  REVIEWED  AND
ADJUSTED.  1.  THE LEGISLATURE FINDS THAT DESPITE THE POLICY OF NEW YORK
STATE AS DECLARED IN SECTION ONE HUNDRED FIFTEEN OF  THIS  ARTICLE,  JOB
TITLES  WHICH  ARE  SEGREGATED BY SEX, RACE, OR NATIONAL ORIGIN MAY HAVE
BEEN UNDERVALUED AND ASSIGNED WAGES WHICH DO NOT  REFLECT  THE  RELATIVE
WORTH  OF  THE  JOB.  IT IS THE INTENT OF THE LEGISLATURE TO REMEDY SUCH
UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
  2. THE CIVIL SERVICE COMMISSION SHALL PROMULGATE REGULATIONS  SPECIFY-
ING  THE  METHODOLOGY  FOR DETERMINING EQUIVALENT VALUE OF WORK BASED ON
SKILL, EFFORT, RESPONSIBILITY, AND WORKING CONDITIONS.  ANY  METHODOLOGY
PRESCRIBED  BY  THE  COMMISSION,  SUCH  AS A SYSTEMATIC POINT FACTOR JOB
EVALUATION SYSTEM, SHALL ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR
UNDERVALUE THE WORTH OF JOBS WHERE WOMEN AND MINORITIES  ARE  DISPROPOR-
TIONATELY  REPRESENTED.  FOR  THE PURPOSES OF THIS CHAPTER, A SEGREGATED
TITLE SHALL CONSTITUTE ANY  TITLE  IN  WHICH  THE  TOTAL  PERCENTAGE  OF
EMPLOYEES  OF  A PARTICULAR SEX, RACE OR NATIONAL ORIGIN IN THE TITLE IS

S. 1871                             3

EQUAL TO OR GREATER THAN ONE HUNDRED TWENTY PERCENT OF THE PERCENTAGE OF
THAT SEX, RACE OR NATIONAL ORIGIN IN THE STATE SERVICE.
  3.  THE  PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND FOURTEEN, AND
EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE  AND  THE  GOVER-
NOR'S  OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY NEGOTIATING UNIT
AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGREGATED  TITLES  FOR
WHICH  A DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF THE WORK. THE
PRESIDENT SHALL ALSO SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF
EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET ALONG WITH  THE  LIST,  AN
ESTIMATE  OF  THE  APPROPRIATION  NECESSARY TO CORRECT SUCH DISPARITIES.
WHEN THE DEPARTMENT CREATES NEW TITLES OR, BECAUSE OF  MERGES  OR  TAKE-
OVERS,  TRANSFERS  STATE  WORKFORCE FROM ONE TITLE TO ANOTHER TITLE, THE
PRESIDENT  SHALL RE-SUBMIT SUCH LIST OF ANY SEGREGATED TITLES FOR  WHICH
A  DISPARITY  EXISTS  BASED  ON  THE  EQUIVALENT VALUE OF WORK AND SHALL
SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF  EMPLOYEE  RELATIONS
AND  THE  DIVISION OF BUDGET WITH SUCH LIST AN ESTIMATE OF THE APPROPRI-
ATION NECESSARY TO CORRECT SUCH DISPARITIES.
  4. BEGINNING WITH THE  BUDGET  REQUESTS  FOR  THE  FIRST  FISCAL  YEAR
COMMENCING  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
INCLUDE THE APPROPRIATION NECESSARY TO ENSURE  THAT  WAGES  ARE  SET  IN
ACCORDANCE  WITH SUBDIVISION ONE OF THIS SECTION AND SECTION ONE HUNDRED
FIFTEEN AND PARAGRAPH (C) OF SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED
EIGHTEEN OF THIS ARTICLE.
  5.  THE  PRESIDENT  SHALL  NOT,  IN ORDER TO COMPLY WITH THIS SECTION,
REDUCE THE WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR  ANY  POSI-
TION.
  S 4. This act shall take effect immediately.

2013-S1871A (ACTIVE) - Details

See Assembly Version of this Bill:: A753
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §§115 & 118, add §119, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5271, A6712
2011-2012: S248, A1780
2015-2016: S3249, A437
2017-2018: S5480, A658
2019-2020: S838, A762

2013-S1871A (ACTIVE) - Summary

2013-S1871A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1871A

TITLE OF BILL:  An act to amend the civil service law, in relation to
implementing a state policy of setting salaries on the basis of
equivalent value of work

PURPOSE OR GENERAL IDEA OF BILL: To implement the state policy of
compensating employees in state service equally for work of comparable
value by eliminating wage inequality in job titles which have been
segregated by sex, race, or national origin.

SUMMARY OF SPECIFIC PROVISIONS: Amends § 115 to define intent of New
York state to comply with the federal "Equal Pay Act of 1963" and
"Civil Rights Act of 1964" and to state its intent to ensure a fair
and non-biased wage structure for all employees regardless of sex,
race or national origin. Amends § 118 of the civil service law to
define how comparable value of job titles shall be determined. Adds a
new § 119 to the civil service law which (a) defines segregated
titles, (b) mandates that the President of the Civil Service
Commission report annually to the Legislature and Executive on those
segregated titles for which wage disparity exists, and (c) mandates
the Governor to request appropriation necessary to ensure that wage
disparities are corrected.

JUSTIFICATION: While newspapers carry banner headlines about the
advances women have made in the work force, the fact is, women's wages

continue to lag far behind men's. The economic position of women on
the whole has deteriorated, despite affirmative action and equal pay
laws, and the movement of some women into a few traditionally
male-dominated occupations.

The wage gap exists, in part, because many women are still segregated
into a few low-paying occupations. More than half of all women workers
hold sales, clerical and service jobs. Studies show that the more an
occupation is dominated by women, the less it pays. Part of the wage
gap results from differences in education, experience or time in the
workforce. But a significant portion cannot be explained by any of
those factors; the General Accounting Office's Oct. 2003 report
Women's Earnings, which examined 18 years of data found a 20 percent
earnings gap between women and men that could not be explained, even
when accounting for demographic and work-related factors such as
occupation. industry, race, marital status and job tenure.

More than half of all women work in occupations which are over 70%
female, and 25% are in jobs which are more than 95% female The
National Academy of Sciences, which has conducted the most
authoritative study to date on comparable worth, found that "the more
an occupation is dominated by women, the less it pays." The Academy
concluded that sex discrimination is deeply imbedded in our society's
wage structures and in our so-called free market system.

PRIOR LEGISLATIVE HISTORY: 2011/12: Died in committee; 2013 Died in
Committee

FISCAL IMPLICATIONS:  Determined by amount of wage disparity


EFFECTIVE DATE: This act shall take effect immediately.

2013-S1871A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1871--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions -- recommitted to the Committee on Civil Service and Pensions
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the civil service law, in  relation  to  implementing  a
  state  policy  of setting salaries on the basis of equivalent value of
  work

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 115 of the civil service law, as added by chapter
790 of the laws of 1958, is amended to read as follows:
  S 115.  Policy of the state. IT IS THE POLICY OF  NEW  YORK  STATE  TO
COMPLY  WITH  THE  LETTER  AND  SPIRIT  OF THE FEDERAL "EQUAL PAY ACT OF
1963," PUB. L. 88-38 (29 U.S.C. S 206) WHICH REQUIRES THAT EMPLOYEES  OF
BOTH  SEXES  RECEIVE EQUAL PAY FOR EQUAL WORK, THE FEDERAL "CIVIL RIGHTS
ACT OF 1964," PUB. L.   88-352 (42 U.S.C.  S  2000E-2)  WHICH  PROHIBITS
DISCRIMINATION  ON  THE  BASIS  OF SEX, RACE, AND NATIONAL ORIGIN IN ALL
TERMS OF EMPLOYMENT, ARTICLE FIFTEEN OF THE EXECUTIVE  LAW  AND  SECTION
FORTY-C  OF  THE  CIVIL RIGHTS LAW, WHICH PROHIBIT DISCRIMINATION ON THE
BASIS OF SEX, RACE OR  NATIONAL  ORIGIN  IN  ALL  TERMS  OF  EMPLOYMENT.
CONSISTENT  WITH  THESE  LAWS, IT IS THE POLICY OF THE STATE TO ENSURE A
FAIR, NON-BIASED WAGE STRUCTURE FOR ITS EMPLOYEES IN WHICH SEX, RACE, OR
NATIONAL ORIGIN IS NOT A CONSIDERATION EITHER DIRECTLY OR INDIRECTLY  IN
DETERMINING THE PROPER WAGES FOR A TITLE IN STATE SERVICE, NOR IN DETER-
MINING  THE  PAY  FOR  ANY  INDIVIDUAL  OR GROUP OF EMPLOYEES.   FOR THE
PURPOSE OF THIS CHAPTER,  THE  TERMS  "WAGES"  AND  WAGE  "RATES"  SHALL
INCLUDE  ALL  COMPENSATION,  IN  ANY  FORM, THAT AN EMPLOYER PROVIDES TO
EMPLOYEES IN PAYMENT FOR WORK DONE OR SERVICES RENDERED,  INCLUDING  BUT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02329-02-4

S. 1871--A                          2

NOT  LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR VARIOUS
FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION
TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. In
order  to  attract unusual merit and ability to the service of the state
of New York, to stimulate higher  efficiency  among  the  personnel,  to
provide  skilled  leadership  in  administrative  departments, to reward
merit and to insure to the people and the taxpayers of the state of  New
York  the  highest return in services for the necessary costs of govern-
ment, it is [hereby declared to be] the policy of the state  to  provide
equal  pay  for equal AND SIMILAR work AND FOR EQUIVALENT VALUE OF WORK,
and regular increases in pay in proper proportion to increase of  abili-
ty,  increase  of output and increase of quality of work demonstrated in
service.
  S 2. Paragraph (c) of subdivision  1  of  section  118  of  the  civil
service law, as added by chapter 790 of the laws of 1958, is amended and
two new paragraphs (d) and (e) are added to read as follows:
  (c)  The  principle  of  fair  and  equal pay for similar work AND FOR
EQUIVALENT VALUE OF WORK shall be followed  in  the  classification  and
reclassification and the allocation and reallocation of positions pursu-
ant  to  this  article  and all positions having the same title shall be
allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING  OF
THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
SIFICATIONS  THAT  ARE DISSIMILAR BUT WHOSE REQUIREMENTS ARE EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE  OF
WORK  REQUIRES  THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES.
  (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
PAY DIFFERENT WAGE RATES TO EMPLOYEES,  WHERE  SUCH  PAYMENTS  ARE  MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) THE GEOGRAPHIC LOCATION OF THE JOB; OR
  (3)  ANY  OTHER  BONA  FIDE  FACTOR  OTHER  THAN SEX, RACE OR NATIONAL
ORIGIN, PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN  DISCRIMI-
NATION BASED ON SEX, RACE OR NATIONAL ORIGIN.
  (E)  NOTHING  SET  FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES
THROUGH  COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  S 3. The civil service law is amended by adding a new section  119  to
read as follows:
  S  119.  EQUIVALENT  VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED AND
ADJUSTED. 1. THE LEGISLATURE FINDS THAT DESPITE THE POLICY OF  NEW  YORK
STATE  AS  DECLARED  IN SECTION ONE HUNDRED FIFTEEN OF THIS ARTICLE, JOB
TITLES WHICH ARE SEGREGATED BY SEX, RACE, OR NATIONAL  ORIGIN  MAY  HAVE
BEEN  UNDERVALUED  AND  ASSIGNED WAGES WHICH DO NOT REFLECT THE RELATIVE
WORTH OF THE JOB. IT IS THE INTENT OF THE  LEGISLATURE  TO  REMEDY  SUCH
UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
  2.  THE CIVIL SERVICE COMMISSION SHALL PROMULGATE REGULATIONS SPECIFY-
ING THE METHODOLOGY FOR DETERMINING EQUIVALENT VALUE OF  WORK  BASED  ON
SKILL,  EFFORT,  RESPONSIBILITY, AND WORKING CONDITIONS. ANY METHODOLOGY
PRESCRIBED BY THE COMMISSION, SUCH AS  A  SYSTEMATIC  POINT  FACTOR  JOB
EVALUATION SYSTEM, SHALL ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR
UNDERVALUE  THE  WORTH OF JOBS WHERE WOMEN AND MINORITIES ARE DISPROPOR-
TIONATELY REPRESENTED. FOR THE PURPOSES OF THIS  CHAPTER,  A  SEGREGATED

S. 1871--A                          3

TITLE  SHALL  CONSTITUTE  ANY  TITLE  IN  WHICH  THE TOTAL PERCENTAGE OF
EMPLOYEES OF A PARTICULAR SEX, RACE OR NATIONAL ORIGIN IN THE  TITLE  IS
EQUAL TO OR GREATER THAN ONE HUNDRED TWENTY PERCENT OF THE PERCENTAGE OF
THAT SEX, RACE OR NATIONAL ORIGIN IN THE STATE SERVICE.
  3.  THE  PRESIDENT  SHALL, BY JANUARY FIRST, TWO THOUSAND FIFTEEN, AND
EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE  AND  THE  GOVER-
NOR'S  OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY NEGOTIATING UNIT
AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGREGATED  TITLES  FOR
WHICH  A DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF THE WORK. THE
PRESIDENT SHALL ALSO SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF
EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET ALONG WITH  THE  LIST,  AN
ESTIMATE  OF  THE  APPROPRIATION  NECESSARY TO CORRECT SUCH DISPARITIES.
WHEN THE DEPARTMENT CREATES NEW TITLES OR, BECAUSE OF  MERGES  OR  TAKE-
OVERS,  TRANSFERS  STATE  WORKFORCE FROM ONE TITLE TO ANOTHER TITLE, THE
PRESIDENT  SHALL RE-SUBMIT SUCH LIST OF ANY SEGREGATED TITLES FOR  WHICH
A  DISPARITY  EXISTS  BASED  ON  THE  EQUIVALENT VALUE OF WORK AND SHALL
SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF  EMPLOYEE  RELATIONS
AND  THE  DIVISION OF BUDGET WITH SUCH LIST AN ESTIMATE OF THE APPROPRI-
ATION NECESSARY TO CORRECT SUCH DISPARITIES.
  4. BEGINNING WITH THE  BUDGET  REQUESTS  FOR  THE  FIRST  FISCAL  YEAR
COMMENCING  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
INCLUDE THE APPROPRIATION NECESSARY TO ENSURE  THAT  WAGES  ARE  SET  IN
ACCORDANCE  WITH SUBDIVISION ONE OF THIS SECTION AND SECTION ONE HUNDRED
FIFTEEN AND PARAGRAPH (C) OF SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED
EIGHTEEN OF THIS ARTICLE.
  5.  THE  PRESIDENT  SHALL  NOT,  IN ORDER TO COMPLY WITH THIS SECTION,
REDUCE THE WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR  ANY  POSI-
TION.
  S 4. This act shall take effect immediately.

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