HLS 14RS-1299 REENGROSSED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 956
BY REPRESENTATIVES STOKES, BROADWATER, HODGES, AND SIMON AND
SENATOR BUFFINGTON
EMPLOYMENT/WAGES: Provides with respect to pay equality
AN ACT1
To amend and reenact R.S. 23:332(A) and (H)(3), relative to employment discrimination;2
to provide with respect to wage discrimination; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 23:332(A) and (H)(3) are hereby amended and reenacted to read as5
follows:6
ยง332. Intentional discrimination in employment7
A. It shall be unlawful discrimination in employment for an employer to8
engage in any of the following practices:9
(1) Intentionally fail or refuse to hire or to discharge any individual, or10
otherwise to intentionally discriminate against any individual with respect to his11
compensation, or his terms, conditions, or privileges of employment, because of the12
individual's race, color, religion, sex, or national origin.13
(2) Intentionally limit, segregate, or classify his employees or applicants for14
employment in any way which would deprive or tend to deprive any individual of15
employment opportunities, or otherwise adversely affect his the individual's status16
as an employee, because of the individual's race, color, religion, sex, or national17
origin.18
(3) Intentionally pay wages to an employee at a rate less than that of another19
employee of the opposite sex for equal work on jobs in which their performance20 HLS 14RS-1299 REENGROSSED
HB NO. 956
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
requires equal skill, effort, and responsibility, and which are performed under similar1
working conditions. An employer paying wages in violation of this Section may not2
reduce the wages of any other employee in order to comply with this Section.3
* * *4
H. Notwithstanding any other provision of this Section, it shall not be5
unlawful discrimination in employment for:6
* * *7
(3) An employer to apply different standards of compensation or different8
terms, conditions, or privileges of employment pursuant to a bona fide seniority or9
merit system, or a system which measures earnings by quantity or quality of10
production, or any other differential based on any factor other than sex, or to11
employees who work in different locations, provided that such differences are not12
the result of an intention to discriminate because of race, color, religion, sex, or13
national origin.14
* * *15
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)]
Stokes HB No. 956
Abstract: Provides that pay inequality in employment is a discriminatory practice.
Present law provides that it is unlawful discrimination in employment for an employer to
intentionally refuse to hire, discharge an individual, or otherwise discriminate against an
individual on the basis of race, color, religion, sex, or national origin.
Present law prohibits employers from intentionally segregating, limiting, or classifying
individuals on the basis of race, color, religion, sex, or national origin in any way that would
deprive the individual of employment opportunities.
Proposed law provides that it shall be unlawful to pay an individual less than another
individual on the basis of sex, when both individuals work on jobs that require equal skill,
effort, and responsibility, and which are performed under similar working conditions.
Proposed law requires that an employer may not reduce the wages of any other employee
in order to comply with proposed law.
Present law provides that pay differentials based on a merit or seniority system, or a system
that measures earnings by quantity or quality are not unlawful. HLS 14RS-1299 REENGROSSED
HB NO. 956
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law further provides that it is not unlawful discrimination to pay employees
differently based on location.
Present law provides that as long as the differences in present law are not as a result of
intentional discrimination based on race, color, religion, sex, or national origin, the pay
differential is not unlawful.
Proposed law adds to the list of factors that constitute discrimination outlined in present law,
any other differential based on any factor other than sex.
(Amends R.S. 23:332(A) and (H)(3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill.
1. Added a provision that it shall not be unlawful discrimination for an employer
to apply different standards of pay if the differences are not the result of an
intention to discriminate because of any other differential based on any factor
other than sex.
House Floor Amendments to the engrossed bill.
1. Added technical amendments.
2. Removed the reference to employees in the same establishment to provide that
it is unlawful to intentionally pay wages to an employee at a rate less than that
of another employee for equal work.