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

BILL NUMBER:S1680

Title of bill

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

Purpose or general idea of bill

The purpose of this bill is to ensure that public employees, regardless of sex, working in positions of comparable worth are paid equally.

Summary of specific provisions

This bill would:

* make the practice whereby employees in a particular position or title are paid at a salary or rate lower than that which other employees of the opposite sex in a comparable position or title are compensated, an unlawful discriminatory practice;

* define comparable worth as measured by skill, effort and responsibility normally required in the performance of work and conditions under which work is normally performed;

* prohibit an employer from reducing the compensation of any employee or position in order to comply with the provisions of this legislation;

* enable employers to implement the provisions of this bill by instituting a plan that would lead to full compliance within three years following enactment;

* not prohibit different compensation pursuant to a seniority system; and

* not impede, infringe or diminish the rights and benefits contained in a collective bargaining agreement or diminish the integrity of an existing bargaining agreement.

Justification

A recent public hearing held by a number of Assembly Committees revealed troubling situations where women who were performing work comparable to their male counterparts were paid substantially less in salary. In particular, there was testimony that school nurses and secretaries were paid less than maintenance and grounds keepers of the same employer, although the required training, responsibilities and skills of the nurses and secretaries surpassed that of the male staff Discrimination based on stereotyped gender roles is

inappropriate. This legislation is needed to ensure that pay equity in the public sector is achieved.

Prior legislative history

First introduced in 1998 and has passed the Assembly every session since then.In 2009, it was reported from the Senate Civil Service and Pensions Committee but died in Finance. In 2010, it was reported from the Senate Civil Service and Pensions and Finance Committees but died in Rules.

Fiscal implications for state and local governments

None where employees in positions of comparable worth are paid the same salary or rate.

Effective date

90 days after enactment.