Fact check: Did John Faso vote against equal pay four times in the New York State Assembly?
October 30, 2016
By Paul Brennan
Democrat Zephyr Teachout and Republican John Faso are running for the open U.S. House seat in New York’s 19th Congressional District. In a video posted on her YouTube channel on August 11, 2016, Teachout addressed her opponent’s record on the issue of pay equity between the sexes.
| “ | John Faso has voted against equal pay four times—four times—when he was in the Assembly. And in fact, he was once the only member of the New York Assembly to vote against equal pay.[1][2] | ” |
Is Teachout correct about Faso’s voting record on pay equity?
Generally, but not precisely. Ballotpedia reviewed Faso’s votes on pay equity bills and documented that Faso cast six “no” votes, not four, and two “yes” votes. Those votes were on four bills that each received two floor votes—one in the first term and one in the second term of the relevant Assembly sessions.
Teachout is correct that Faso cast the only “no” vote on a concurrent resolution proposing a pay equity provision for the state constitution. (A concurrent resolution is an expression of lawmakers’ sentiment that does not carry the force of law.)
Background: New York’s 19th Congressional District
New York’s 19th Congressional District is in the eastern part of the state, covering the Hudson River Valley and part of the Catskills region. The district is currently represented by Republican Chris Gibson, who is retiring at the end of this session. It is one of four open U.S. House seats in New York in this year’s election.
Zephyr Teachout is an associate professor at Fordham University School of Law.[3] In 2014, she was a candidate for governor in the New York Democratic Party’s primary.
John Faso served in the New York State Assembly from 1987 to 2002. In 1998, he was elected minority leader.[4] Faso was the Republican candidate for state comptroller in 2002, and for governor in 2006. In 2009, he sought the Republican nomination in the special election for the open U.S. House seat in New York’s 20th Congressional District, but withdrew his candidacy before a nominee was selected.
Equal pay laws
In 1963, President John Kennedy signed the Equal Pay Act, the first legislation to mandate equal pay for equal work. It amended the Fair Labor Standards Act of 1938 to prohibit “sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions” by any employer engaged in business subject to federal regulation.[5]
Since 1963, 45 states, including New York, have passed equal pay laws.[6] New York’s most recent legislation related to the issue of equal pay was signed into law by Gov. Andrew Cuomo on October 21, 2015. Under the Achieve Pay Equity Act, employers can no longer prohibit employees from discussing their salaries under threat of termination or suspension.[7]
Faso’s votes
Between 1999 and 2002, the New York State Assembly held eight floor votes on four different equal pay bills. Faso voted “no” on six occasions. He cast the only “no” vote on April 15, 2002 for Assembly bill 290, a concurrent resolution proposing an equal pay amendment to the state constitution.[8]
Faso’s two votes in favor of a pay equity bill were cast for Assembly bill 236, which, if enacted, would have created a state policy of setting salaries on the basis of “the comparability of value of the work.” [9] The bill failed in the state Senate both times.
| New York State Assembly floor votes on equal pay bill, 1999-2002 | |||||
|---|---|---|---|---|---|
| Bill | Summary | Assembly vote, Yea/No |
Faso's vote | Assembly vote, Yea/No |
Faso's vote |
| A00818[10] | A concurrent resolution endorsing a proposed amendment to the New York State Constitution mandating all persons shall receive equal pay for work of comparable skill, effort and responsibility that is performed under similar working conditions. | April 12, 1999, 140/4 |
No | May 10, 2000, 143/4 |
No |
| A04171[11] | A bill to assure that public employees, regardless of sex, working in positions of comparable worth are paid the same. | April 12, 1999, 140/3 |
No | May 10. 2000, 145/2 |
No |
| A00236[9] | A bill to create a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin. | April 4, 2001, 139/1 |
Yea | April 15, 2002, 142/0 |
Yea |
| A00290[8] | A concurrent resolution endorsing a proposed amendment to the New York State Constitution mandating all persons shall receive equal pay for work of comparable skill, effort and responsibility that is performed under similar working conditions. | April 4, 2001, 137/3 |
No | April 15, 2001, 141/1 |
No |
The candidates’ views
On his campaign website, Faso states, “I believe in equal pay for equal work....We should start by fully enforcing laws – like the Equal Pay Act – that have been in place for years. Rooting out workplace discrimination is vitally important, but we also need to focus on policies that actually create more and better job opportunities for women, while avoiding federal regulations that cut hours and flexibility for some workers.”[12]
Teachout explained her position on equal pay in a commentary in the Albany Times Union.
“While we have some laws on the books, such as the Equal Pay Act, they don't go nearly far enough toward achieving equity … It's time to revive a national discussion around equal pay for equal work … Closing the wage gap is about growing our economy, reducing poverty, and recognizing the reality that when women earn less for equal work something is wrong.”[13]
Conclusion
Democrat Zephyr Teachout and Republican John Faso are running for the open U.S. House seat in New York’s 19th Congressional District. In a video posted to her YouTube channel, Teachout claimed that Faso had voted against pay equity bills four times while he was in the New York State Assembly, and that he cast the sole “no” vote on one pay equity bill. Ballotpedia has documented that Faso cast six votes against three separate pay equity bills, and two votes in favor of a fourth bill. Teachout is correct that Faso cast the sole “no” vote on a concurrent resolution proposing a pay equity provision for the state Constitution.
Update: Ballotpedia contacted John Faso for comment prior to publication, but received no reply. Following publication, Faso submitted a statement regarding his votes. “[The] bills proposed in the New York State Assembly during my tenure there were promoting the concept of “comparable worth”; this idea is that different jobs could be compared to determine whether the skills, education, etc., of each position were roughly “comparable” and, as such, should be paid the same…. I opposed these bills when applied to the private sector employers. When the bill was only to apply to the state civil service workforce—and where the state was in a position to truly perform comparability studies on its own employees—I supported that legislation.”
See also
- Fact check/Did New York Assemblyman Keith Wright raise a “staggering amount of real estate money” for his congressional race?
- Fact check/Has New York state Sen. Gustavo Rivera been fighting for ethics reform since he got to Albany?
- Fact check/Has the unemployment rate dropped in half during New York Governor Cuomo’s tenure?
Launched in October 2015 and active through October 2018, Fact Check by Ballotpedia examined claims made by elected officials, political appointees, and political candidates at the federal, state, and local levels. We evaluated claims made by politicians of all backgrounds and affiliations, subjecting them to the same objective and neutral examination process. As of 2026, Ballotpedia staff periodically review these articles to revaluate and reaffirm our conclusions. Please email us with questions, comments, or concerns about these articles. To learn more about fact-checking, click here.
Sources and Notes
- ↑ Zephyr Teachout for Congress, “The pay gap is real,” August 11, 2016
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Fordham University School of Law, “Zephyr Teachout,” accessed October 28, 2016
- ↑ The New York Times, “An Ill-Timed Candidate Believes His Time Is Now,” October 18, 2006
- ↑ U.S. Equal Employment Opportunity Commission, “The Equal Pay Act of 1963,” accessed October 28, 2016
- ↑ The five states without equal pay laws are Alabama, Mississippi, North Carolina, South Carolina, and Wisconsin. The equal pay laws in Louisiana and Texas apply only to state employees. National Conference of State Legislatures, “State Equal Pay Laws – August 2016,” accessed October 28, 2016
- ↑ Governor Andrew M. Cuomo, “Governor Cuomo Signs Legislation to Protect and Further Women’s Equality in New York State,” October 21, 2015
- ↑ 8.0 8.1 New York State Assembly, "A00290," accessed October 28, 2016
- ↑ 9.0 9.1 New York State Assembly, "A00236," accessed October 28, 2016
- ↑ New York State Assembly, "A00818," accessed October 28, 2016
- ↑ New York State Assembly, "A04171," accessed October 28, 2016
- ↑ Faso for Congress, “Equal Pay,” accessed October 28, 2016
- ↑ Times Union, “Equal work should mean equal pay,” September 13, 2016
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