Cuomo Signs Two Bills Aimed at Curbing Wage Bias
Signing the measures into law, Cuomo praised the World Cup-winning U.S. Women's National Soccer Team, many of whose players sued U.S. soccer officials for allegedly denying them equal pay compared to the men's team.
July 10, 2019 at 10:59 AM
6 minute read
Workers who allege wage discrimination by their employers got a pair of new tools Wednesday after Gov. Andrew Cuomo approved legislation aimed at requiring equal pay, regardless of one's salary history or membership of a protected class in New York.
Cuomo signed the bill in New York City ahead of a parade for members of the U.S. Women's National Soccer Team, players of which are involved in a lawsuit in California against the U.S. Soccer Federation for allegedly denying them equal pay compared to the men's team.
The women's team made headlines last week after winning their fourth Women's World Cup, a global soccer championship, in three decades. The men's team hasn't had the same success, but is allegedly paid more than the female players despite their track record.
“We support the women's legal action. I believe they are right. I believe they should win,” Cuomo said. “But this law will make it clear in the state of New York, there is no option to an employer. You pay the same that you would pay a man you have to pay a woman in the state of New York.”
New York already prohibits different pay based on sex, but the first of two bills signed by Cuomo Wednesday will take that law further.
The legislation will preclude employers from allowing different pay based on a protected class in New York, including age, sexual orientation, gender identity, domestic violence victim status and more. Those groups are already protected against other forms of discrimination under the state Human Rights Law, but compensation was left out until now.
The law also will lower the standard employees have to meet when filing a claim with the state Department of Labor over pay discrimination. Employers were previously only required to provide equal pay for equal work performed under similar conditions.
The new standard requires employers to pay employees the same for “substantially similar work, when viewed as a composite of skill, effort, and responsibility” under similar working conditions. The change is intended to lessen the burden on employees who allege wage discrimination.
Differences in pay will still be allowed for a myriad of unrelated factors, including seniority, merit, geography, the quantity of quality of work, or an employee's education, according to the bill.
That bill was sponsored by Assemblywoman Karen McMahon, D-Erie, and State Sen. Alessandra Biaggi, D-Westchester. Biaggi has been an outspoken proponent of legislation to protect employees from harassment and discrimination since she first took office in January.
“From soccer fields to board rooms, Americans across working sectors are standing up for their right to equal compensation and today New York is answering that call,” Biaggi said. “Every New Yorker deserves equal pay for equal work regardless of race, sexual orientation, disability, or however they choose to identify.”
If an employer is found to have violated any part of the law by the state Department of Labor, they will be subject to a fine of $500 for each violation, which can be recovered by the state either through administrative action or a lawsuit.
The second bill approved by Cuomo Wednesday is designed to prevent employers from asking prospective employees, in any way, about their salary history as a condition of being considered for a job, or even an interview.
Employers will only be allowed to confirm wage or salary history if, when a job offer is made, the prospective worker responds by disclosing what they previously made to negotiate a higher number, according to the bill.
If an employee voluntarily discloses their previous salary, or that number is discovered by a prospective employer, that information can not be used when deciding whether to offer that person the job or determining what rate of pay they should be given. Prospective employers will also be barred from, otherwise, asking a person's previous employer about their salary history.
Prospective employees will be able to sue a prospective employer if they're alleged to have broken any part of the law, according to the bill. The litigation would be allowed to seek compensation for any damages sustained, like if they were asked about salary history and denied an interview or job offer based on that number.
The state Department of Labor will be tasked with receiving complaints of alleged violations of the law, and will also launch a public awareness campaign to tell employers about the change.
The bill was sponsored by Assemblyman Marcos Crespo, D-Bronx, and State Sen. David Carlucci, D-Rockland. Carlucci said the bill is another step forward in the state's efforts to raise the average rate of pay for women in New York to that of men.
“Women should not be making 80 cents or less for every dollar a man is paid for the same work,” Carlucci said. “The first step in closing the gender pay gap is ending the salary history question so low salaries do not follow women throughout their career.”
Neither law takes effect immediately, giving employers time to be informed and change any policies they may have on the books that may violate either statute. The first bill mandating equal pay for protected classes takes effect three months from Wednesday; the bill prohibiting questions on salary history takes effect in six months.
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