Relates to the disclosure and consideration of gender wage disparity in the awarding of state contracts; requires all offerors to provide the percentage of gender wage disparity by job title for all state contracts; requires agencies to compile data received on gender wage disparity and provide data to the office of general services for publication on its website; requires agencies to provide extra credit or weight to offerors with a gender wage disparity of ten percent or less.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1826
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the state finance law, in relation to the disclosure and
consideration of gender wage disparity in the awarding of state
contracts
PURPOSE:
This bill discloses and considers gender wage disparity in the awarding
of state contracts.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the state finance law by adding a new section 148.
Section two amends the state finance law by adding a new section 163-o.
Section three lays out the effective date.
JUSTIFICATION:
According to a study on the gender pay gap published in 2014 by the
American Association of University Women, women in New York State earn
87% of what men are paid. The pay gap continues to be a real issue that
affects women from all backgrounds, `at all ages, and on all levels of
educational achievement. Advances on closing the gap have stalled in
recent years despite women's progress in education and workforce partic-
ipation.
To gain greater transparency on the gender pay gap, this legislation
would require state contractors to disclose the average weekly wage paid
to men and women by job title or position, and will include the percent-
age of any gender wage disparity within each job title or position.
Every offeror will be required to submit this information to the office
of general services whether or not the offeror is awarded a contract.
The office of general services will assess this data and provide the
percentage of gender wage disparity by job title or position on its
website. having access to raw data will give the state a better idea of
the existing pay disparity as a basis for developing practical solutions
for closing it.
The gender wage disparity will be considered in the procurement of
services and commodities. State agencies will have to consider the
gender wage disparity disclosure when scoring offers and awarding
contracts and allocate extra credit to offerors with ten percent or less
in gender wage disparity. This provision incentivizes offerors to devel-
op effective strategies for closing the pay gap. This bill will contrib-
ute to strengthening New York State's laws on pay discrimination to
ensure that women receive equal pay for equal work and will help close
the pay gap.
LEGISLATIVE HISTORY:
2023-24: A.585 - Referred to Governmental Operations
2021-22: A.1776 - Referred to Governmental Operations
2019-20: A.731- Referred to Governmental Operations
2017-18: A.5138 - Referred to Governmental Operations
2015-16: A.8395 - Referred to Governmental Operations
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall become
law.
STATE OF NEW YORK
________________________________________________________________________
1826
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to the disclosure and
consideration of gender wage disparity in the awarding of state
contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 149 to read as follows:
3 § 149. Disclosure of gender wage disparity data by state contractors.
4 1. All contract solicitations including but not limited to, invitations
5 for bids, requests for proposals, requests for applications and requests
6 for qualifications for contracts shall require that all offerors seeking
7 state contracts shall disclose the average weekly wage paid to men and
8 women by job title or position. Such disclosure shall include the
9 percentage of any gender wage disparity within each job title or posi-
10 tion.
11 2. Prior to May thirty-first of each year, each state agency in
12 receipt of the information required pursuant to subdivision one of this
13 section shall be responsible for providing the office of general
14 services with the compiled data for every offeror seeking a state
15 contract, whether or not such offeror was awarded the contract, for the
16 prior calendar year. The office of general services shall compile and
17 aggregate the data received by agencies pursuant to subdivision one of
18 this section and shall provide data on the percentage of gender wage
19 disparity by job title or position on its website.
20 § 2. The state finance law is amended by adding a new section 163-e to
21 read as follows:
22 § 163-e. Consideration of gender wage disparity in procurement of
23 services and commodities. In making an award of contracts, as part of
24 the scoring of offers, a state agency shall consider the gender wage
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04206-01-5
A. 1826 2
1 disparity disclosure provided pursuant to section one hundred forty-nine
2 of this chapter. Offerors with a gender wage disparity of ten percent or
3 less shall be given extra credit in scoring. The amount or weight of
4 such credit shall be determined by the state agency awarding the
5 contract.
6 § 3. This act shall take effect on the ninetieth day after it shall
7 have become a law. Effective immediately, the addition, amendment
8 and/or repeal of any rule or regulation necessary for the implementation
9 of this act on its effective date are authorized to be made and
10 completed on or before such effective date.
