Assembly Bill A7748A

Signed By Governor
2019-2020 Legislative Session

Relates to equal pay for similar work protections for protected classes

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Sponsored By

Archive: Last Bill Status Via S6436 - Signed by Governor

  • 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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Bill Amendments

2019-A7748 - Details

See Senate Version of this Bill:
S6436
Law Section:
Civil Service Law
Laws Affected:
Amd §118, Civ Serv L

2019-A7748 - Summary

Relates to equal pay for similar work protections for protected classes.

2019-A7748 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7748
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in  relation  to  equal  pay  for
   similar work protections for protected classes
 
   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 to
 read as follows:
   (c) The principle of fair and equal pay for similar work  OR  SUBSTAN-
 TIALLY  SIMILAR  WORK,  WHEN VIEWED AS A COMPOSITE OF SKILL, EFFORT, AND
 RESPONSIBILITY, AND PERFORMED  UNDER  SIMILAR  WORKING  CONDITIONS,  FOR
 EMPLOYEES  WITH STATUS WITHIN A PROTECTED CLASS shall be followed in the
 classification and reclassification and the allocation and  reallocation
 of  positions pursuant to this article and all positions having the same
 title shall be allocated to the same salary grade.  FOR THE PURPOSES  OF
 THIS  SECTION,  THE TERM "PROTECTED CLASS" SHALL MEAN ANY GROUP OF INDI-
 VIDUALS THAT ARE PROTECTED AGAINST AN UNLAWFUL  DISCRIMINATORY  PRACTICE
 BY  AN EMPLOYER PURSUANT TO SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
 TIVE LAW.
   § 2. Subdivision 2 of section 118 of the civil service law is  amended
 by adding a new paragraph (c) to read as follows:
   (C)  TO  ENSURE  THAT NO EMPLOYEE WITH STATUS WITHIN A PROTECTED CLASS
 SHALL BE PAID A WAGE AT A RATE LESS THAN THE RATE AT WHICH  AN  EMPLOYEE
 WITHOUT STATUS WITHIN A PROTECTED CLASS OR WITH STATUS IN THE SAME, OR A
 DIFFERENT  PROTECTED CLASS IN THE SAME ESTABLISHMENT IS PAID FOR SIMILAR
 WORK OR SUBSTANTIALLY SIMILAR WORK. FOR THE PURPOSES OF THIS  PARAGRAPH,
 EMPLOYEES  SHALL  BE  DEEMED  TO  WORK  IN THE SAME ESTABLISHMENT IF THE
 EMPLOYEES WORK FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN  THE  SAME
 GEOGRAPHICAL  REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPU-
 LATION DISTRIBUTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE  OF  MUNICI-
 PALITIES.
   § 3. This act shall take effect immediately.

co-Sponsors

2019-A7748A (ACTIVE) - Details

See Senate Version of this Bill:
S6436
Law Section:
Civil Service Law
Laws Affected:
Amd §118, Civ Serv L

2019-A7748A (ACTIVE) - Summary

Relates to equal pay for similar work protections for protected classes.

2019-A7748A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7748--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental  Employees  --  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  equal  pay  for
   similar work protections for protected classes

   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 to
 read as follows:
   (c) The principle of fair and equal pay for similar work  OR  SUBSTAN-
 TIALLY  SIMILAR  WORK,  WHEN VIEWED AS A COMPOSITE OF SKILL, EFFORT, AND
 RESPONSIBILITY, AND PERFORMED  UNDER  SIMILAR  WORKING  CONDITIONS,  AND
 WITHOUT  DISCRIMINATION  BASED ON STATUS WITHIN A PROTECTED CLASS, shall
 be followed in the classification and  reclassification  and  the  allo-
 cation  and  reallocation  of positions pursuant to this article and all
 positions having the same, OR  SUBSTANTIALLY  SIMILAR,  title  shall  be
 allocated  to  the  same salary grade. FOR THE PURPOSES OF THIS SECTION,
 THE TERM "PROTECTED CLASS" INCLUDES AGE, RACE,  CREED,  COLOR,  NATIONAL
 ORIGIN,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR EXPRESSION, MILITARY
 STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,  FAMILIAL
 STATUS,  MARITAL  STATUS,  OR  DOMESTIC  VIOLENCE VICTIM STATUS, AND ANY
 EMPLOYEE PROTECTED FROM DISCRIMINATION PURSUANT TO PARAGRAPHS  (A),  (B)
 AND  (C)  OF  SUBDIVISION  ONE  OF SECTION TWO HUNDRED NINETY-SIX OF THE
 EXECUTIVE LAW, AND ANY INTERN PROTECTED FROM DISCRIMINATION PURSUANT  TO
 SECTION TWO HUNDRED NINETY-SIX-C OF THE EXECUTIVE LAW.
   §  2. Subdivision 2 of section 118 of the civil service law is amended
 by adding a new paragraph (c) to read as follows:
   (C) TO ENSURE  THAT  NO  EMPLOYEE  WITH  STATUS  WITHIN  ONE  OR  MORE
 PROTECTED  CLASS OR CLASSES SHALL BE PAID A WAGE AT A RATE LESS THAN THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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