§ 118. Powers and duties of the director of classification and
compensation. 1. General powers and duties. (a) The director of the
classification and compensation division shall be charged generally with
the duty and shall have the power

(1) to classify and reclassify all positions in the classified civil
service of the state;

(2) to allocate and reallocate to an appropriate salary grade
specified in section one hundred thirty of this article all positions in
the competitive and non-competitive classes of the classified civil
service of the state, except temporary, part-time or seasonal positions,
and positions the salaries of which are otherwise specifically set forth
in a statute.

(b) The director may allocate and reallocate to an appropriate salary
grade specified in section one hundred thirty of this article,
part-time, temporary and seasonal positions and positions in the labor
class.

(c) The principle of fair and equal pay for similar work or
substantially 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
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" 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. Specific powers and duties. In addition to those elsewhere
prescribed, the director shall have the following powers and duties:

(a) To ascertain and record the duties and responsibilities of all
positions in the classified civil service of the state, establish
adequate specifications showing the qualifications for and the nature
and extent and scope of the duties and responsibilities of such
positions, and assign uniform titles to positions that are so
substantially similar in the essential character and scope of their
duties and responsibilities and in the qualification requirements
thereof that the same descriptive title may be used to designate them;
that the same qualifications for appointment thereto may be reasonably
required; that the same tests of fitness may be established, and that
the same rate of compensation may be reasonably applied.

(b) To investigate all matters affecting the classification and
compensation of positions, to hear and determine all complaints and
grievances with respect to the classification and compensation of
positions, and from time to time review the duties, responsibilities,
qualification requirements and compensation of positions and to make
such revisions in the classification or compensation of positions as
changes in the state service may require.

(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
rate at which an employee without status within the same protected class
or classes in the same title and 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
population distribution, economic activity, and/or the presence of
municipalities.

3. Departmental cooperation. The director, and the state civil service
commission may request from any state department or agency such
assistance as either may require, and each such department or agency
shall make available, upon such request, any of its personnel and
facilities.