NY Pub Auth L § 3 (2021)
2021 New York Laws PBA - Public Authorities Article 1 - Short Title Title 1 - Short Title; Definitions 3 - Pay Equity.

§  3.  Pay equity. 1. In order to attract unusual merit and ability to the service of public authorities in the state of New York, to stimulate higher efficiency among the personnel, to provide skilled leadership  in administration,  to  reward  merit  and  to insure the highest return in services for  the  necessary  costs  of  administration,  it  is  hereby declared  that  public  authorities  shall,  consistent with the federal Equal Pay Act of 1963 (29 U.S.C. § 206), the federal  Civil  Rights  Act (42 U.S.C. § 2000e-2), article fifteen of the executive law, and section forty-c  of the civil rights law, ensure a fair, non-biased compensation structure for all employees in which status within one or more protected class or classes is not considered  either  directly  or  indirectly  in determining  the  proper  compensation for a title or in determining the pay for any individual or group of employees, 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 substantially similar work and provide  regular increases  in  pay in proper proportion to increase of ability, increase of output and increase of quality of work demonstrated in service.   2. For the purpose of this section:  (a) 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.  (b)  the  term "compensation" shall include but not be limited to: all earnings of an employee for labor or services  rendered,  regardless  of whether  the  amount  of  earnings  is paid on an annual salary, hourly, biweekly or per diem basis; reimbursement for expenses; health,  welfare and  retirement  benefits;  and  vacation  pay,  sick pay, separation or holiday pay, or any other form of remuneration.  (c) 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.  (d)  the term "public authorities" shall mean any authority as defined in section two of this title.   3. (a) It shall not be a violation of this section for an employer  to pay  different  compensation  to employees, where such payments are made pursuant to:  (1) a bona fide seniority or merit system;  (2) a bona fide system that measures earnings by quantity  or  quality of production;  (3) a bona fide system based on geographic differentials;  (4)  any  other  bona fide factor other than status within one or more protected class or classes, such as education, training, or  experience. Such  factor: (A) shall not be based upon or derived from a differential in compensation based on status within one or more  protected  class  or classes;  and  (B)  shall be job-related with respect to the position in question and shall be consistent with business necessity. Such exception under this paragraph shall not apply when the employee demonstrates  (i) that  an  employer  uses  a particular employment practice that causes a disparate impact on the basis of status within  one  or  more  protected class  or  classes,  (ii) that an alternative employment practice exists  that would serve the same purpose and not produce such differential, and (iii) that the employer has refused to adopt such alternative  practice; or  (5) a collective bargaining agreement.  (b)  For  the  purpose of paragraph (a) of this subdivision, "business necessity"  shall  be  defined  as  a  factor  that  bears  a   manifest relationship to the employment in question.  (c)  Nothing  set  forth in this section shall be construed to impede, infringe or diminish the rights and benefits which accrue  to  employees through  collective  bargaining  agreements,  or  otherwise diminish the integrity of the existing collective bargaining relationship.