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A00437 Summary:

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A00437 Committee Votes:

A00437 Floor Votes:

A00437 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         437--A
                                                                 Cal. No. 32
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A. ROSENTHAL, JAFFEE, ROBINSON, PAULIN, SCHIMEL,
          WRIGHT, GOTTFRIED, GALEF, WEPRIN, HEVESI, ENGLEBRIGHT, SKOUFIS,  CRES-
          PO,  STECK, SKARTADOS, RUSSELL, STIRPE, SOLAGES, OTIS, WALKER, COLTON,
          MILLER, LINARES -- Multi-Sponsored by -- M. of A.  BRENNAN,  BUCHWALD,
          COOK,  DINOWITZ,  FARRELL,  GLICK,  LUPARDO,  PERRY  --  read once and
          referred to the Committee on Governmental Employees -- advanced  to  a
          third  reading,  amended and ordered reprinted, retaining its place on
          the order of third reading
 
        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:
 
     1    Section 1.  Paragraph (c) of subdivision 1 of section 118 of the civil
     2  service law, as added by chapter 790 of the laws of 1958, is amended and
     3  three new paragraphs (d), (e) and (f) are added to read as follows:
     4    (c)  The  principle  of  fair  and  equal pay for similar work and for
     5  equivalent value of work shall be followed  in  the  classification  and
     6  reclassification and the allocation and reallocation of positions pursu-
     7  ant  to  this  article  and all positions having the same title shall be
     8  allocated to the same salary grade.  Equivalent value of work shall mean
     9  titles or position classifications that are equal within the meaning  of
    10  the Equal Pay Act of 1963, 29 U.S.C. 206(d), or titles or position clas-
    11  sifications  that  are dissimilar but whose requirements are equivalent,
    12  when viewed as a composite of skills, effort, responsibility and working
    13  conditions. The principle of fair and equal pay for equivalent value  of
    14  work  requires  that consideration of sex, race or national origin shall
    15  not influence directly or indirectly the establishment of compensation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03039-04-6
        A. 437--A                           2
 
     1    (d) It shall not be an unlawful employment practice for an employer to
     2  pay different compensation to employees, where such  payments  are  made
     3  pursuant to:
     4    (1) a bona fide seniority or merit system;
     5    (2)  a  bona fide system that measures earnings by quantity or quality
     6  of production;
     7    (3) a bona fide system based on geographic differentials;
     8    (4) any other bona fide  factor  other  than  sex,  race  or  national
     9  origin,  such  as  education,  training, or experience. Such factor: (A)
    10  shall not be based upon or derived from a sex, race, or national  origin
    11  based  differential  in  compensation  and (B) shall be job-related with
    12  respect to the position in question and shall be consistent  with  busi-
    13  ness necessity. Such exception under this paragraph shall not apply when
    14  the employee demonstrates (i) that an employer uses a particular employ-
    15  ment  practice that causes a disparate impact on the basis of sex, race,
    16  or national origin, (ii) that an alternative employment practice  exists
    17  that would serve the same purpose and not produce such differential, and
    18  (iii) that the employer has refused to adopt such alternative practice.
    19    (e)  For  the  purpose of paragraph (d) of this subdivision, "business
    20  necessity" shall be defined as a factor that bears a manifest  relation-
    21  ship to the employment in question.
    22    (f)  Nothing  set  forth in this section shall be construed to impede,
    23  infringe or diminish the rights and benefits which accrue  to  employees
    24  through  collective  bargaining  agreements,  or  otherwise diminish the
    25  integrity of the existing collective bargaining relationship.
    26    § 2. The civil service law is amended by adding a new section  119  to
    27  read as follows:
    28    §  119.  Equivalent  value of work; segregated job titles reviewed and
    29  adjusted.   The civil service commission  shall  promulgate  regulations
    30  specifying  the  methodology  for  determining  equivalent value of work
    31  based on skill, effort,  responsibility,  and  working  conditions.  Any
    32  methodology  prescribed  by  the  commission, such as a systematic point
    33  factor job evaluation system, shall ensure that  comparison  systems  do
    34  not ignore or undervalue the worth of jobs where a certain sex, race, or
    35  national  origin  is disproportionately represented. For the purposes of
    36  this chapter, a segregated title shall constitute any title in which the
    37  total percentage of employees of a  particular  sex,  race  or  national
    38  origin  in  the  title  is  equal  to or greater than one hundred twenty
    39  percent of the percentage of that sex, race or national  origin  in  the
    40  employ  of the state or the political subdivision. The department shall,
    41  upon the request of  any  local  civil  service  administration,  render
    42  service  or  technical  advice  and  assistance relative to the position
    43  classification and pay equity compensation  assessment  of  offices  and
    44  employments  under the jurisdiction of such local civil service adminis-
    45  tration pursuant to subdivision one  of  section  twenty-three  of  this
    46  chapter.
    47    2.  The  president shall, by January first, two thousand eighteen, and
    48  every five years thereafter, submit to the legislature  and  the  gover-
    49  nor's  office of employee relations, a list showing, by negotiating unit
    50  and for management/confidential employees, those segregated  titles  for
    51  which  a  disparity  exists based on the equivalent value of the work as
    52  that term is defined in paragraph (c) of subdivision one of section  one
    53  hundred  eighteen  of this title. The president shall also submit to the
    54  legislature, the governor's office of employee relations and  the  divi-
    55  sion  of  budget  along  with the list, an estimate of the appropriation
    56  necessary to correct such disparities. When the department  creates  new
        A. 437--A                           3
 
     1  titles  or,  because of mergers or take-overs, transfers state workforce
     2  from one title to another title, the president shall re-submit such list
     3  of any segregated titles for which  a  disparity  exists  based  on  the
     4  equivalent value of work and shall submit to the legislature, the gover-
     5  nor's  office of employee relations and the division of budget with such
     6  list an estimate of the appropriation necessary to correct such dispari-
     7  ties.
     8    3. By October first, two thousand  seventeen,  and  every  five  years
     9  thereafter,  all local civil service administrations shall submit to the
    10  president of the commission a list showing, by negotiating unit and  for
    11  management/confidential  employees,  those segregated titles for which a
    12  disparity exists based on the equivalent value of the work.  The  presi-
    13  dent of the commission shall compile the lists provided to him or her by
    14  the local civil service administrations and, by January first, two thou-
    15  sand  eighteen,  and every five years thereafter, submit to the legisla-
    16  ture and the governor's office of employee relations, a list showing, by
    17  negotiating unit and for management/confidential employees, those segre-
    18  gated titles for which a disparity exists based on the equivalent  value
    19  of the work as reported by the local civil service administrations. When
    20  a  local  civil service administration creates new titles or, because of
    21  mergers or take-overs, transfers workforce from  one  title  to  another
    22  title,  it  shall re-submit to the president of the commission a list of
    23  any segregated titles for which a disparity exists based on  the  equiv-
    24  alent value of work, who will then submit the list to the legislature.
    25    4.  Upon the discovery of the existence of segregated titles for which
    26  a disparity exists based on the equivalent value of work,  the  employer
    27  and  the  state civil service commission or local civil service adminis-
    28  tration, as applicable, shall correct the disparity.
    29    5. An employer who is in violation of paragraph (c) of subdivision one
    30  of section one hundred eighteen of this  title,  as  determined  by  the
    31  commission,  shall not, in order to comply with this section, reduce the
    32  compensation of any employee or reduce the compensation  for  any  posi-
    33  tion.
    34    6.  Beginning  with  the  budget  requests  for  the first fiscal year
    35  commencing after the effective date of this section, the governor  shall
    36  include  the  appropriation  necessary  to  ensure that compensation for
    37  state employees are set in accordance with section one  hundred  fifteen
    38  and  paragraph (c) of subdivision one of section one hundred eighteen of
    39  this title.
    40    § 3. This act shall take effect immediately.