2023 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.