N.Y. Civ. Serv. Law § 115

§ 115. Policy of the state. 1. In order to attract unusual merit and\nability to the service of the state of New York and all its political\nsubdivisions, to stimulate higher efficiency among the personnel, to\nprovide skilled leadership in administrative departments, to reward\nmerit and to insure to the people and the taxpayers of the state of New\nYork the highest return in services for the necessary costs of\ngovernment, it is hereby declared to be the policy of the state and all\nits political subdivisions thereof, consistent with the federal Equal\nPay Act of 1963 (29 U.S.C. § 206), the federal Civil Rights Act (42\nU.S.C. § 2000e-2), article fifteen of the executive law, and section\nforty-c of the civil rights law, to ensure a fair, non-biased\ncompensation structure for all employees in which status within one or\nmore protected class or classes is not considered in determining the\nproper compensation for a title or in determining the pay for any\nindividual or group of employees, to ensure that no employee with status\nwithin one or more protected class or classes shall be paid a wage at a\nrate less than the rate at which an employee without status within the\nsame protected class or classes in the same establishment is paid for\nsimilar work or substantially similar work and to provide regular\nincreases in pay in proper proportion to increase of ability, increase\nof output and increase of quality of work demonstrated in service.\n 2. For the purpose of this section:\n (a) the term "protected class" includes age, race, creed, color,\nnational origin, sexual orientation, gender identity or expression,\nmilitary status, sex, disability, predisposing genetic characteristics,\nfamilial status, marital status, or domestic violence victim status, and\nany employee protected from discrimination pursuant to paragraphs a, b,\nand c of subdivision one of section two hundred ninety-six of the\nexecutive law, and any intern protected from discrimination pursuant to\nsection two hundred ninety-six-c of the executive law.\n (b) the term "compensation" shall include but not be limited to: all\nearnings of an employee for labor or services rendered, regardless of\nwhether the amount of earnings is paid on an annual salary, hourly,\nbiweekly or per diem basis; reimbursement for expenses; health, welfare\nand retirement benefits; and vacation pay, sick pay, separation or\nholiday pay, or any other form of remuneration.\n (c) employees shall be deemed to work in the same establishment if the\nemployees work for the same employer at workplaces located in the same\ngeographical region, no larger than a county, taking into account\npopulation distribution, economic activity, and/or the presence of\nmunicipalities.\n 3. (a) It shall not be a violation of this section for an employer to\npay different compensation to employees, where such payments are made\npursuant to:\n (1) a bona fide seniority or merit system;\n (2) a bona fide system that measures earnings by quantity or quality\nof production;\n (3) a bona fide system based on geographic differentials;\n (4) any other bona fide factor other than status within one or more\nprotected class or classes, such as education, training, or experience.\nSuch factor: (A) shall not be based upon or derived from a differential\nin compensation based on status within one or more protected class or\nclasses; and (B) shall be job-related with respect to the position in\nquestion and shall be consistent with business necessity. Such exception\nunder this paragraph shall not apply when the employee demonstrates (i)\nthat an employer uses a particular employment practice that causes a\ndisparate impact on the basis of status within one or more protected\nclass or classes, (ii) that an alternative employment practice exists\nthat would serve the same purpose and not produce such differential, and\n(iii) that the employer has refused to adopt such alternative practice;\nor\n (5) a collective bargaining agreement.\n (b) For the purpose of paragraph (a) of this subdivision, "business\nnecessity" shall be defined as a factor that bears a manifest\nrelationship to the employment in question.\n (c) Nothing set forth in this section shall be construed to impede,\ninfringe or diminish the rights and benefits which accrue to employees\nthrough collective bargaining agreements, or otherwise diminish the\nintegrity of the existing collective bargaining relationship.\n