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Regular Session, 2014
SENATE BILL NO. 322
BY SENATOR MURRAY
EMPLOYMENT. Provides relative to the "Equal Pay for Women Act". (8/1/14)
AN ACT1
To amend and reenact R.S. 23:655(B), 667(B), and R.S. 51:2231(C), 2232(12), and 2235(9),2
relative to the Equal Pay for Women Act; to provide for prohibited discrimination3
in employment; to provide for jurisdiction; to provide for prescription; to provide for4
suspension of prescription; to provide for agencies; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 23:665(B) and 667(B), are hereby amended and reenacted to read as8
follows:9
§665. Complaint procedure10
* * *11
B. If an employer fails to resolve the dispute to the satisfaction of such12
employee within the time provided herein, the employee may file a complaint with13
the commission requesting an investigation of the complaint pursuant to R.S. 23:30114
51:2257.15
* * *16
§667. Limitation of actions17 SB NO. 322
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B. This one-year prescriptive period shall be suspended during the sixty-day2
period allowed the employer by this Chapter to respond to the employee's written3
notice, during the pendency of any administrative review or investigation of the4
employee's claim by the commission Louisiana Commission on Human Rights or5
the United States Department of Labor Equal Employment Opportunity6
Commission, or both.7
Section 2. R.S. 51:2231(C), 2232(12), and 2235(9) are hereby amended and8
reenacted read as follows:9
§2231. Statement of purpose; limitation on prohibitions against discrimination10
because of age11
* * *12
C. The Louisiana Commission on Human Rights shall have enforcement13
powers including adjudication of claims of discrimination prohibited by R.S. 23:312,14
323, and 332, sickle cell trait discrimination prohibited by R.S. 23:352, and15
discrimination because of pregnancy prohibited by R.S. 23:341 et seq., and pay16
discrimination prohibited by R.S. 23:664.17
§2232. Definitions18
As used in this Chapter:19
* * *20
(12) "Discriminatory practice in connection with employment" means an21
employment practice prohibited by R.S. 23:312, 323, or 332, or 664.22
* * *23
§2235. Powers and duties of commission24
In the enforcement of this Chapter, the commission shall have the following25
powers and duties:26
* * *27
(9) To receive, initiate, investigate, seek to conciliate, hold hearings on, and28
pass upon complaints alleging violations of this Chapter or Chapter 3-A or29 SB NO. 322
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950.1
* * *2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Murray (SB 322)
Present law prohibits any employe r, whether public or private, from intentionally
discriminating against an employee on the basis of sex.
Present law prohibits employment discrimination against women who are state government
employees, whether the discrimination is intentional or unintentional, which is known as the
"Louisiana Equal Pay for Women Act".
Present law provides that if an employer fails to resolve the dispute to the satisfaction of
such employee within the time provided herein, the employee may file a complaint in court
pursuant to the "Louisiana Employment Discrimination Law".
Proposed law provides that a complaint be filed with the Louisiana Commission on Human
Rights.
Present law provides that a one-year prescriptive period shall be suspended during the 60 day
period allowed for the employer to respond to the employee's written notice, during the
pendency of any administrative review or investigation of the employee's claim by the
commission or the United States Department of Labor, or both.
Proposed law retains present law but provides that the prescriptive period regarding the
employees claim be suspended when filed with the Louisiana Commission on Human Rights
but changes the alternative filing from the United States Department of Labor to the U.S.
Equal Employment Opportunity Commission.
Present law provides that the Louisiana Commission on Human Rights is a state commission
which enforces the policies embodied in the Federal Civil Rights Act of 1964, 1968, and
1972 and the Age Discrimination in Employment Act of 1967. Present law provides that
Louisiana Commission on Human Rights accepts the deferral of cases from the federal Equal
Employment Opportunity Commission.
Present law provides that the Louisiana Commission on Human Rights shall have
enforcement powers including adjudication of claims of discrimination on the basis of age,
race, color, religion, sex, or national origin.
Proposed law retains present law but provides that the Louisiana Commission on Human
Rights shall also have jurisdiction over matters associated with the "Louisiana Equal Pay for
Women Act".
Effective August 1, 2014.
(Amends R.S. 23:665(B), 667(B), R.S. 51:2231(C), 2232(12), and 2235(9))