New York 's Pay Equity Law Essay

1357 Words Dec 20th, 2016 6 Pages
New York’s pay equity law closely resembles the new provisions in California’s law with a few key differences in the scope of comparison employees can make when bringing claims and available affirmative defenses. New York’s statute is more restrictive in the scope employees have to compare themselves to their counterparts to prove wage discrepancies: the law requires employees to perform jobs that necessitate “equal skill, effort and responsibility . . . under similar working conditions.” The four acceptable factors employers can use as bases for wage differences are the same as those in California’s law: seniority, merit, measures of earnings based on production quantity or quality, or “a bona fide factor other than sex.” New York’s statute requires that any “factor other than sex” employers use as an explanation for wage discrepancies not cause a “disparate impact on the basis of sex.” Such a factor, as in California’s statutory language, must be “consistent with a business necessity.” In New York’s statute, a “business necessity” is a factor that “bears a manifest relationship to the employment in question.” Further, the statute negates these affirmative defenses if an employee shows not only “an alternative employment practice exists that would serve the same business purpose and not produce [a wage] differential,” but also “that the employer has refused to adopt such alternative practice.” New York’s statute therefore places a second burden on plaintiffs…

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