Makes it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth

Title of bill

An act to amend the executive law, in relation to making it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth

Purpose of general ideal of bill

To remedy historical patterns of compensation, most frequently in female-dominated occupations, that cause female employees to be paid less than male counterparts in comparable jobs.

Summary of specific provisions

This bill would make it an unlawful discriminatory practice under Section 296 of the Executive Law for an employer to discriminate between male and female employees, by compensating employees of different sexes differently, for work that is of comparable worth to the employer. The worth of various jobs would be measured by the skill, effort, and responsibility normally required in the performance of work, and the conditions under which the work is normally performed.

Compensation systems based on seniority, merit, or quantity or quality of production without regard to sex would be exempt from the provisions of this bill. Employers would not be permitted to comply with this bill by reducing the compensation of any employee or of any position. Employers would not be found to be in violation of this law for three years, as long as they were taking steps to implement a comparable worth standard.

Justification

The bill extends the right of "equal pay for equal work" to include equal pay for work that is comparable, as measured by the skill, effort and responsibility normally required in the performance of work, and the conditions under which the work is normally performed. Currently, traditional female-dominated job titles are often under-valued in an employer's pay scales, relative to comparable male dominated job titles. For example, clerk-typists may be paid less than custodians, emergency services operators less than fire dispatchers, and registered nursing assistants less than plumbers, although job requirements are comparable. This bill would make this type of discrimination a violation of the Human Rights Law.

Prior legislative history

1998 - 2006: Passed Assembly. 2007-08: A6959; referred to Investigations and Government Operations, amend and recommit to Investigations and Government Operations, referred to Investigations and Government Operations.

Fiscal implications

To be determined.

Effective date

Ninety days after it becomes law.