Brennan, Buchwald, Cook, Dinowitz, Farrell, Glick, Lupardo, Nolan, Perry
Amd §118, add §119, Civ Serv L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A437A
SPONSOR: Rosenthal (MS) 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:
To implement the state policy of compensating employees in state service
equally for work of equivalent value by eliminating wage inequality in
job titles and position classifications which have been segregated by
sex, race, or national origin.
SUMMARY OF PROVISIONS:
Amends § 118 of the civil service law to define "equivalent value of
work" and to provide for exceptions to the rule.
Adds a new § 119 to the civil service law which (a) defines segregated
titles, (b) prescribes methodologies that may be used by the president
of the civil service commission for determining equivalent value of
work, (c) mandates that the president of the civil service commission
report the Legislature and Executive, by January 1, 2018, on those
segregated titles for which a wage disparity exists, and (d) mandates
the president to request an appropriation necessary to correct such
disparities. Also requires municipal civil service commissions to report
to the president on segregated titles for which a wage disparity exists.
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 deteri-
orated, 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 38 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.
LEGISLATIVE HISTORY:
A.753 of 2013-2014
A.1780 of 2011-2012
FISCAL IMPLICATIONS:
Determined by the amount of wage disparity.
EFFECTIVE DATE:
This act shall take effect immediately.
