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Regular Session, 2012
HOUSE BILL NO. 573
BY REPRESENTATIVE NORTON
EMPLOYMENT/WAGES: Creates the Equal Pay for Women Act
AN ACT1
To enact Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 23:661 through 668, relative to payment of wages; to provide for definitions;3
to provide for prohibited acts constituting unequal pay; to provide for a complaint4
procedure; to provide for damages; to limit actions of employees; to require certain5
records be kept by employers; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 23:661 through 668, is hereby enacted to read as follows:9
CHAPTER 6-A. LOUISIANA EQUAL PAY FOR WOMEN ACT10
§661. Short title; citation11
This Chapter shall constitute and be known as the "Louisiana Equal Pay for12
Women Act" and may be cited as such.13
§662. Declaration of public policy14
The public policy of this state is declared to be that the practice of paying15
wages to employees of one sex at a lesser rate than the rate paid to employees of the16
opposite sex for comparable work on jobs which have comparable requirements17
unjustly discriminates against the person receiving the lesser rate, leads to low18
worker morale, threatens the well-being of citizens of this state, and adversely affects19
the general welfare. It is therefore declared to be the policy of this state through the20 HLS 12RS-916 ORIGINAL
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exercise of its police power to correct and, as rapidly as possible, to eliminate1
discriminatory wage practices based on sex.2
§663. Definitions3
As used in this Chapter, the following terms shall have the definitions4
ascribed in this Section unless the context indicates otherwise:5
(1) "Employee" means any individual permitted to work by an employer.6
(2) "Employer" means an individual, partnership, corporation, association,7
business, trust, person, labor organization as defined in this Section, or entity for8
whom four or more employees are gainfully employed within the state and includes9
the state of Louisiana, any state officer, any department or agency, any unit of local10
government, and any school district.11
(3) "Labor organization" means any organization which exists for the12
purpose, in whole or in part, of collective bargaining or of dealing with employers13
concerning grievances, terms or conditions of employment, or other mutual aid or14
protection in connection with employment.15
§664. Prohibited acts16
A. No employer may discriminate against an employee on the basis of sex17
by paying wages to an employee at a rate less than that of another employee for the18
same or substantially similar work on jobs in which their performance requires equal19
skill, effort, education, and responsibility and which are performed under similar20
working conditions including time worked in the position.21
B. No labor organization or its agent representing employees or an employer22
shall cause or attempt to cause an employer to discriminate against an employee in23
violation of this Chapter.24
C. Nothing in Subsection A or B of this Section shall prohibit the payment25
of different wage rates to employees where such payment is made pursuant to the26
following:27
(1) A seniority system.28
(2) A merit system.29 HLS 12RS-916 ORIGINAL
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(3) A system that measures earnings by quantity or quality of production.1
(4) A differential based on a bona fide factor other than sex, such as2
education, training, or experience, except that this clause shall apply only to either3
of the following:4
(a) The employer demonstrates that such factor is job related with respect to5
the position in question.6
(b) The employer demonstrates that it furthers a legitimate business purpose,7
except if the employee demonstrates that an alternative employment practice exists8
that would serve the same business purpose without producing such differential and9
that the employer has refused to adopt such alternative practice and such factor was10
actually applied and used reasonably in light of the asserted justification.11
D. An employer who is paying wages in violation of this Chapter may not,12
to comply with this Chapter, reduce the wages of any other employee.13
E. It shall be unlawful for any person to discharge or in any other manner14
discriminate against any individual because the individual:15
(1) Has filed any charge or has instituted or caused to be instituted any16
proceeding pursuant to or related to this Chapter.17
(2) Has given or is about to give any information in connection with any18
inquiry or proceeding relating to any right provided pursuant to this Chapter.19
(3) Has testified or is about to testify in any inquiry or proceeding relating20
to any right provided pursuant to this Chapter.21
§665. Complaint procedure22
A. An employee who believes that an employer is in violation of this23
Chapter shall submit written notice of the violation to the employer. An employer24
who receives such written notice from an employee shall have ninety days from25
receipt of the notice to remedy any violation of this Chapter. If an employer26
remedies the violation within the time provided herein, the employee may not bring27
any action against the employer pursuant to this Chapter.28 HLS 12RS-916 ORIGINAL
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B. If an employer fails to remedy a violation of this Chapter within the time1
provided herein, the employee may institute a civil suit in a district court of2
competent jurisdiction. The employee shall include in the suit a copy of the written3
notice received by the employer prior to the filing of this action.4
§666. Liquidated damages5
A. An employer who violates the provisions of this Chapter shall be liable6
to the affected employees in the amount of their unpaid wages and an additional7
amount of one-half of unpaid wages in liquidated damages as well as reasonable8
attorney fees and costs.9
B. In the event that such damages are appropriate, an employer who violates10
the provisions of this Chapter shall be liable to the affected employees for11
employment, reinstatement, promotion, and any benefits lost.12
C. The award of monetary relief shall be limited to those violations which13
have occurred within a thirty-six-month period prior to the employee's written notice.14
D. The plaintiff may not be awarded monetary relief for losses incurred15
between the time of the district court's final decision and the final determination of16
any higher appellate court, as the case may be.17
E. Interim earnings by the employee discriminated against shall operate to18
reduce the monetary relief otherwise allowable.19
F. Nothing in this Chapter prevents the settlement of a claim by agreement20
of the employer and employee for a lesser amount.21
G. An employee found by a court to have brought a frivolous claim under22
this Chapter shall be held liable to the defendant for reasonable damages incurred as23
a result of the claim, reasonable attorney fees, and court costs.24
§667. Limitation of actions25
A. Any action to recover unpaid wages and liquidated damages based on a26
violation as provided for in this Chapter shall be commenced within one year of the27
date that an employee knows that his employer is in violation of this Chapter.28 HLS 12RS-916 ORIGINAL
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B. This one-year period shall be suspended during the ninety-day period in1
which the employer has to respond to the employee's written notice.2
§668. Records to be kept by employers3
An employer subject to any provision of this Chapter shall make and preserve4
records that document the name, address, occupation of each employee, and the5
wages paid to each employee. These records shall be preserved for a period of not6
less than three years.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Norton HB No. 573
Abstract: Creates the "Louisiana Equal Pay for Women Act".
Proposed law provides that the public policy of this state is declared to be that paying
unequal wages based on sex unjustly discriminates against the person receiving the lesser
rate, leads to low morale, threatens the well-being of the citizens of this state, and adversely
affects the general welfare.
Proposed law defines certain terms used within proposed law, including "employee" and
"labor organization".
Proposed law makes it unlawful for an employer who employs four or more employees to
pay wages to an employee at a rate less than the rate at which the employer pays wages to
another employee of the opposite sex for the same or substantially similar work.
Proposed law makes it unlawful for a labor organization or its agent to cause or attempt to
cause an employer to pay wages to an employee at a rate less than the rate at which the
employer pays wages to another employee of the opposite sex for the same or substantially
similar work.
Proposed law allows exceptions for instances where pay is made under a seniority system,
a merit system, a system that measures earnings by quantity or quality of production, or a
differential based on a factor other than sex as long as such system is job related or furthers
a legitimate business purpose.
Proposed law provides that the legitimate business purpose may serve as an exception unless
the employee can show that some alternative business practice could have been utilized
without producing such a differential and the employer refused to adopt such alternative
practice.
Proposed law prohibits an employer from reducing an employee's pay in order to comply
with proposed law. Proposed law declares it unlawful for a person to discharge or
discriminate against an individual who has filed any charges, given any information, or
testified in any inquiry relating to any right provided under proposed law. HLS 12RS-916 ORIGINAL
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Proposed law provides that an employee who believes that his employer has violated a
provision of proposed law may provide written notice to the employer of the violation.
Proposed law provides that an employer who receives written notice of a violation shall have
90 days to remedy the violation. Proposed law further provides that if the employer
remedies the violation within the 90 days, the employee may not bring an action against the
employer.
Proposed law provides that if the employer fails to remedy the violation, the employee may
file an action in a court of competent jurisdiction. Proposed law further provides that a copy
of the written notice received by the employer be included in the suit.
Proposed law provides that an employer in violation of the provisions of proposed law may
be liable for damages inclusive of unpaid wages, an amount of 1/2 of unpaid wages in
liquidated damages, reasonable attorney fees, costs, employment, reinstatement, promotion,
and any benefits lost.
Proposed law provides that monetary relief for a violation of proposed law is limited to a 36-
month period prior to the employee's written notice. Proposed law provides that said
monetary relief cannot be awarded for losses incurred between the time of the district court's
final decision and the final determination of any higher appellate court, as the case may be.
Proposed law provides that interim earnings by the employee shall reduce the amount of
damages. Proposed law provides that the employer and employee may settle for a lesser
amount of damages.
Proposed law provides an employer with reasonable damages, attorney fees, and court costs
when an employee is found by a court to have brought a frivolous claim.
Proposed law provides for a one-year prescriptive period in bringing any action to recover
from the time the employee knows about the violation. Proposed law provides for a
suspension of this period during the 90-day period in which the employer has to respond to
the employee's written notice.
Proposed law requires employers to make and preserve records that document names,
addresses, occupations of employees, and their wages. The records shall be preserved for
not less than three years.
(Adds R.S. 23:661-668)