What's happening
This bill amends civil service law to strengthen and expand equal pay protections for employees in protected classes performing similar or substantially similar work.
Why it matters
Broadens equal pay protections. by explicitly covering “substantially similar work” (not just “similar work”), making it harder for employers to justify pay disparities based on minor differences in job titles or duties.
Expands the definition of protected classes. to include a wide range of characteristics (age, race, gender identity, military status, disability, genetic traits, domestic violence victim status, and more), ensuring that many more employees are shielded from discriminatory pay practices.
Clarifies what counts as the “same establishment”. for pay comparison, defining it as any workplaces operated by the same employer within a county or similar geographic area, which prevents employers from segmenting pay structures by location to avoid compliance.
Applies protections to both employees and interns. , specifically referencing coverage for interns under anti-discrimination laws, closing potential loopholes in equal pay enforcement.
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Who cares
Civil service employees in protected classes
The bill would prohibit lower pay for similar or substantially similar work compared with employees outside the same protected class working for the same employer in the same establishment.
Civil service classification and compensation officials
The bill would require positions with the same or substantially similar titles to share a salary grade and apply nondiscrimination protections to classification and salary allocation decisions.
Government employers with multiple workplaces
Pay comparisons could span workplaces in the same geographic region, no larger than a county, based on population distribution, economic activity or the presence of municipalities.
Civil service employee unions and pay equity advocates
The bill would define substantially similar work by skill, effort, responsibility and working conditions, expanding the standard used to assess equal pay.
Headline styles
Guarantee Equal Pay Protections
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Approval memo.90
- Signed chap.741
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.461
- Substituted for A7748A
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 54–8
- Ordered to third reading cal.1463
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ensure Equal Pay Protections
Assembly Floor Calendar · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6436
2019-2020 Regular Sessions
IN SENATE
June 11, 2019
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 1 of section 118 of the civil service law, as added by chapter 790 of the laws of 1958, is amended to read as follows:
(c) The principle of fair and equal pay for similar work or substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, and without discrimination based on status within a protected class, shall be followed in the classification and reclassification and the allocation and reallocation of positions pursuant to this article and all positions having the same, or substantially similar, title shall be allocated to the same salary grade. For the purposes of this section, the term "protected class" includes age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status, and any employee protected from discrimination pursuant to paragraphs (a), (b) and (c) of subdivision one of section two hundred ninety-six of the executive law, and any intern protected from discrimination pursuant to section two hundred ninety-six-c of the executive law.
§ 2. Subdivision 2 of section 118 of the civil service law is amended by adding a new paragraph (c) to read as follows:
(c) To ensure that no employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes in the same establishment is paid for similar work or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11922-04-9
S. 6436 2
substantially similar work. For the purposes of this paragraph, employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same geographical region, no larger than a county, taking into account population distribution, economic activity, and/or the presence of municipalities.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil service law, in relation to equal pay for similar work protections for protected classes
Purpose or general idea of bill
This bill would implement a state policy to ensure public employees receive fair and equal pay for substantially similar work.
Summary of provisions
Section one of the bill amends paragraph (c) of subdivision 1 of section 118 of the civil service law to ensure the principle of fair and equal pay for substantially similar work in terms of skill, effort, responsi- bility and working conditions for employees with status in a protected class. Provides a definition for protected class.
Section two of the bill adds a new paragraph (c) to section 118 of the civil service law to provide that employees with status in one or more protected classes shall not be paid a wage less than employees with status within the same or different protected class or classes in the same establishment. An employer is deemed to work in the same establish- ment. if the employees work for the same employer at workplaces located in the same geographical region.
Section three of the bill sets the effective date.
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 deteri- orated, despite affirmative action and equal pay laws and-the movement of some women into a few traditionally male-dominated occupations.
According to a 2003 report from the General Accounting Office on 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.
This legislation would ensure equal pay for individuals within a protected class, as defined in the Executive Law, who are conducting substantially similar work.
Prior legislative history
New bill
Fiscal implications for state and local governments
None
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.