NY S05872

Expands the equal pay standard to apply when employees of opposite sexes perform "equal work" requiring equal skill, effort, and responsibility under similar working conditions, with exemptions only for seniority systems, merit systems, production-based systems, or bona fide job-related factors (such as education, training, or experience) that are not derived from sex-based pay differentials.

Establishes "business necessity" as a factor bearing a manifest relationship to the employment in question, and allows employers to defend against pay discrimination only if they prove they use job-related employment practices consistent with business necessity.

Permits employees to inquire about, discuss, or disclose their own wages and other employees' wages, with employers allowed to establish reasonable workplace limitations on time, place, and manner of such discussions in a written policy.

Increases liquidated damages for willful violations of equal pay provisions from 100 percent to up to 300 percent of underpaid wages in administrative and court actions, while maintaining the 100 percent cap for non-willful violations.

Requires the Department of Labor and Division of Human Rights to develop and provide training to employers on workplace discrimination, harassment, pay equity, and sexual harassment issues, available through online and other means.