Relates to fair, non-biased compensation; provides for remedies and enforcement where an employee believes he or she is being discriminated against in terms of compensation in violation of section 115 of the civil service law; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2425
SPONSOR: Simotas TITLE OF BILL:
An act to amend the civil service law, in relation to a fair, non-biased
compensation structure
PURPOSE:
To ensure public employees have a mechanism to enforce their right to
equal pay for equal and equivalent work.
SUMMARY OF PROVISIONS:
Amends § 115 of the civil service law to define the intent of New York
state to comply with the federal "Equal Pay Act of 1963" and "Civil
Rights Act of 1964" and to state its intent to ensure a fair and non-bi-
ased wage structure for all employees regardless of sex, race or
national origin.
Adds a private right of action for public employees who are discrimi-
nated against in terms of compensation.
Provides that it is not a violation of this section to pay different
compensation to employees based on bona fide factors other than sex,
race, or national origin.
JUSTIFICATION:
In 2014, the Court of Appeals held that Civil Service Law § 115 did not
confer a private right of action on public employees. Rather, the Court
found that this section merely stated a general policy of the state to
provide equal pay for equal work. Under this holding, public employees
are stripped of their right to bring an action in state court when they
are discriminated against in teams of compensation. This legislation
would clarify that public employees have the same rights as private
employees and may bring a private right of action to enforce their right
to equal pay for equal and equivalent work.
LEGISLATIVE HISTORY:
2015-2016 A9754 Passed assembly delivered to senate REFERRED TO CIVIL
SERVICE AND PENSIONS
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
