STATE OF NEW YORK
________________________________________________________________________
8971
IN ASSEMBLY
January 6, 2020
___________
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:
1 Section 1. Paragraph (c) of subdivision 1 of section 118 of the civil
2 service law, as amended by a chapter of the laws of 2019 amending the
3 civil service law relating to equal pay for similar work protections for
4 protected classes, as proposed in legislative bills numbers S. 6436 and
5 A. 7748-A, is amended to read as follows:
6 (c) The principle of fair and equal pay for similar work or substan-
7 tially similar work, when viewed as a composite of skill, effort, and
8 responsibility, and performed under similar working conditions, and
9 without discrimination based on status within a protected class, shall
10 be followed in the classification and reclassification and the allo-
11 cation and reallocation of positions pursuant to this article and all
12 positions having the same[, or substantially similar,] title shall be
13 allocated to the same salary grade. For the purposes of this section,
14 the term "protected class" includes age, race, creed, color, national
15 origin, sexual orientation, gender identity or expression, military
16 status, sex, disability, predisposing genetic characteristics, familial
17 status, marital status, or domestic violence victim status, and any
18 employee protected from discrimination pursuant to paragraphs (a), (b)
19 and (c) of subdivision one of section two hundred ninety-six of the
20 executive law, and any intern protected from discrimination pursuant to
21 section two hundred ninety-six-c of the executive law.
22 § 2. Paragraph (c) of subdivision 2 of section 118 of the civil
23 service law, as added by a chapter of the laws of 2019 amending the
24 civil service law relating to equal pay for similar work protections for
25 protected classes, as proposed in legislative bills numbers S. 6436 and
26 A. 7748-A, is amended to read as follows:
27 (c) To ensure that no employee with status within one or more
28 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.
LBD11922-05-0
A. 8971 2
1 rate at which an employee without status within the same protected class
2 or classes in the same title and same establishment is paid for similar
3 work or substantially similar work. For the purposes of this paragraph,
4 employees shall be deemed to work in the same establishment if the
5 employees work for the same employer at workplaces located in the same
6 geographical region, no larger than a county, taking into account popu-
7 lation distribution, economic activity, and/or the presence of munici-
8 palities.
9 § 3. This act shall take effect on the same date and in the same
10 manner as a chapter of the laws of 2019 amending the civil service law
11 relating to equal pay for similar work protections for protected class-
12 es, as proposed in legislative bills numbers S. 6436 and A. 7748-A,
13 takes effect.
