Makes it a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth; specifically provides when differing compensation is permissible; provides for phase-in.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3690
SPONSOR: Lifton (MS) 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 compa-
rable 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 compen-
sating 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 perform-
ance 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 require-
ments 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 Inves-
tigations and Government Operations.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Ninety days after it becomes law.
