Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action

BILL NUMBER:S248A

Title of bill

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

Purpose

To implement the state policy of compensating employees in state service equally for work of equivalent value by eliminating wage inequality in job titles and position classifications which have been segregated by sex, race, or national origin.

Summary of provisions

Define the intent of "Equal Pay Act of 1963" intent to ensure a fair regardless of sex, race

Amends § 115 of the civil service law to New York state to comply with the federal and "Civil Rights Act of 1964" and to state its and non-biased wage structure for all employees or national origin.

Amends § 118 of the civil service law to define "equivalent value of work" and to provide for exceptions to the rule.

Adds a new § 119 to the civil service law which (a) defines segregated titles, (b) prescribes methodologies that may be used by the president of the civil service commission for determining equivalent value of work, (c) mandates that the president of the civil service commission report the Legislature and Executive, by January 1, 2013, on those segregated titles for which a wage disparity exists, and (d) mandates the president to request an appropriation necessary to correct such disparities.

Justification

While newspapers carry banner headlines about the advances women have made in the work force, the fact is, women's wages continue to lag far behind men's. The economic position of women on the whole has deteriorated, despite affirmative action and equal pay laws, and the movement of some women into a few traditionally male-dominated occupations.

The wage gap exists, in part, because many women are still segregated into a few low-paying occupations. More than half of all women workers hold sales" clerical and service jobs. Studies show that the more an occupation is dominated by women, the less it pays. Part of the wage gap results from differences in education, experience or time in the workforce. But a significant portion cannot be explained by any of those factors; the General Accounting Office's Oct. 2003 report Women's Earnings, which examined 38 years of data, found a 20 percent earnings gap between women and men that could not be

explained, even when accounting for demographic and work-related factors such as occupation, industry, race, marital status and job tenure.

More than half of all women work in occupations which are over 70% female, and 25% are in jobs which are more than 95% female. The National Academy of Sciences, which has conducted the most authoritative study to date on comparable worth, found that "the more an occupation is dominated by women, the less it pays." The Academy concluded that sex discrimination is deeply imbedded in our society's wage structures and in our So-called free market system.

Legislative history

2011: A.1780 - Passed Assembly 2009-2010: A.6712 - Passed Assembly 2007-2008: A.7407 - Passed Assembly 2005-2006: A.305 - Passed Assembly 2003-2004: A.737 - Passed Assembly 2002: A.236 - Passed Assembly 2001: A.236 - Passed Assembly 2000: A.4171 - Passed Assembly 1999: A.4171 - Passed Assembly 1998: A.810 - Passed Assembly (Katz) 1997: A.810 - Gov. Emp. (Katz)

Fiscal implications

Determined by the amount of wage disparity.

Effective date

This act shall take effect immediately.