S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    762
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2019
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, JAFFEE, PAULIN, GOTTFRIED, GALEF,
   WEPRIN, HEVESI, ENGLEBRIGHT, CRESPO,  STECK,  STIRPE,  SOLAGES,  OTIS,
   WALKER,  COLTON, M. G. MILLER, SEAWRIGHT, NIOU, BLAKE, ORTIZ -- Multi-
   Sponsored by -- M.  of A. BUCHWALD, COOK,  DINOWITZ,  EPSTEIN,  GLICK,
   LUPARDO,  PERRY  -- read once and referred to the Committee on Govern-
   mental Employees
 
 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.  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
 three new paragraphs (d), (e) and (f) 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 COMPENSATION.
   (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
 PAY DIFFERENT COMPENSATION TO EMPLOYEES, WHERE SUCH  PAYMENTS  ARE  MADE
 PURSUANT TO:
   (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03288-01-9
              

 A. 762                              2
 
   (2)  A  BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY
 OF PRODUCTION;
   (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS;
   (4)  ANY  OTHER  BONA  FIDE  FACTOR  OTHER  THAN SEX, RACE OR NATIONAL
 ORIGIN, SUCH AS EDUCATION, TRAINING, OR  EXPERIENCE.  SUCH  FACTOR:  (A)
 SHALL  NOT BE BASED UPON OR DERIVED FROM A SEX, RACE, OR NATIONAL ORIGIN
 BASED DIFFERENTIAL IN COMPENSATION AND (B)  SHALL  BE  JOB-RELATED  WITH
 RESPECT  TO  THE POSITION IN QUESTION AND SHALL BE CONSISTENT WITH BUSI-
 NESS NECESSITY. SUCH EXCEPTION UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN
 THE EMPLOYEE DEMONSTRATES (I) THAT AN EMPLOYER USES A PARTICULAR EMPLOY-
 MENT PRACTICE THAT CAUSES A DISPARATE IMPACT ON THE BASIS OF SEX,  RACE,
 OR  NATIONAL ORIGIN, (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS
 THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND
 (III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRACTICE.
   (E) FOR THE PURPOSE OF PARAGRAPH (D) OF  THIS  SUBDIVISION,  "BUSINESS
 NECESSITY"  SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION-
 SHIP TO THE EMPLOYMENT IN QUESTION.
   (F) 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.
   §  2.  The civil service law is amended by adding a new section 119 to
 read as follows:
   § 119. EQUIVALENT VALUE OF WORK; SEGREGATED JOB  TITLES  REVIEWED  AND
 ADJUSTED.  1.  THE CIVIL SERVICE COMMISSION SHALL PROMULGATE REGULATIONS
 SPECIFYING 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 A CERTAIN SEX, RACE, OR
 NATIONAL ORIGIN IS DISPROPORTIONATELY 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 EQUAL TO  OR  GREATER  THAN  ONE  HUNDRED  TWENTY
 PERCENT  OF  THE  PERCENTAGE OF THAT SEX, RACE OR NATIONAL ORIGIN IN THE
 EMPLOY OF THE STATE OR THE POLITICAL SUBDIVISION. THE DEPARTMENT  SHALL,
 UPON  THE  REQUEST  OF  ANY  LOCAL  CIVIL SERVICE ADMINISTRATION, RENDER
 SERVICE OR TECHNICAL ADVICE AND  ASSISTANCE  RELATIVE  TO  THE  POSITION
 CLASSIFICATION  AND  PAY  EQUITY  COMPENSATION ASSESSMENT OF OFFICES AND
 EMPLOYMENTS UNDER THE JURISDICTION OF SUCH LOCAL CIVIL SERVICE  ADMINIS-
 TRATION  PURSUANT  TO  SUBDIVISION  ONE  OF SECTION TWENTY-THREE OF THIS
 CHAPTER.
   2. THE PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-ONE, 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 AS
 THAT TERM IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  ONE
 HUNDRED  EIGHTEEN  OF THIS TITLE. THE PRESIDENT SHALL ALSO SUBMIT TO THE
 LEGISLATURE, THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND  THE  DIVI-
 SION  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 MERGERS 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 GOVER-

 A. 762                              3
 
 NOR'S  OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET WITH SUCH
 LIST AN ESTIMATE OF THE APPROPRIATION NECESSARY TO CORRECT SUCH DISPARI-
 TIES.
   3.  BY OCTOBER FIRST, TWO THOUSAND TWENTY, AND EVERY FIVE YEARS THERE-
 AFTER, ALL LOCAL CIVIL SERVICE ADMINISTRATIONS SHALL SUBMIT TO THE PRES-
 IDENT OF THE COMMISSION 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  PRESI-
 DENT OF THE COMMISSION SHALL COMPILE THE LISTS PROVIDED TO HIM OR HER BY
 THE LOCAL CIVIL SERVICE ADMINISTRATIONS AND, BY JANUARY FIRST, TWO THOU-
 SAND TWENTY-ONE, AND EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLA-
 TURE AND THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY
 NEGOTIATING UNIT AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGRE-
 GATED  TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE
 OF THE WORK AS REPORTED BY THE LOCAL CIVIL SERVICE ADMINISTRATIONS. WHEN
 A LOCAL CIVIL SERVICE ADMINISTRATION CREATES NEW TITLES OR,  BECAUSE  OF
 MERGERS  OR  TAKE-OVERS,  TRANSFERS  WORKFORCE FROM ONE TITLE TO ANOTHER
 TITLE, IT SHALL RE-SUBMIT TO THE PRESIDENT OF THE COMMISSION A  LIST  OF
 ANY  SEGREGATED  TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE EQUIV-
 ALENT VALUE OF WORK, WHO WILL THEN SUBMIT THE LIST TO THE LEGISLATURE.
   4. UPON THE DISCOVERY OF THE EXISTENCE OF SEGREGATED TITLES FOR  WHICH
 A  DISPARITY  EXISTS BASED ON THE EQUIVALENT VALUE OF WORK, THE EMPLOYER
 AND THE STATE CIVIL SERVICE COMMISSION OR LOCAL CIVIL  SERVICE  ADMINIS-
 TRATION, AS APPLICABLE, SHALL CORRECT THE DISPARITY.
   5. AN EMPLOYER WHO IS IN VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE
 OF  SECTION  ONE  HUNDRED  EIGHTEEN  OF THIS TITLE, AS DETERMINED BY THE
 COMMISSION, SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION, REDUCE  THE
 COMPENSATION  OF  ANY  EMPLOYEE OR REDUCE THE COMPENSATION FOR ANY POSI-
 TION.
   6. 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  COMPENSATION  FOR
 STATE  EMPLOYEES  ARE SET IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTEEN
 AND PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED EIGHTEEN  OF
 THIS TITLE.
   § 3. This act shall take effect immediately.