The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Peterson (SB 334)
Present law prohibits any employer, 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".
Proposed law retains present law but provides that private sector, local government, and political
subdivision employers would also be subject to the prohibition for unintentional employment
discrimination.
Proposed law removes the gender distinction in the "Louisiana Equal Pay for Women Act" and
makes the proposed law applicable to men.
Proposed law provides that, in any action for discrimination based upon sex that an employer
may not raise as a defense any agreement by an employee to work for less than the rate to which
the employee is entitled under proposed law.
Present law provides that, if a state employer remedies the violation in a manner that complies
with the statute, the employee may not bring any action against the employer except that a
lawsuit may be filed in the 19
th
Judicial District Court in East Baton Rouge Parish.
Present law provides that, when a lawsuit is filed on the basis of sex discrimination pursuant to
the "Louisiana Employment Discrimination Law" against a private sector, local government, or
political subdivision employers, the venue of the lawsuit will be in the parish where the violation
occurred.
Proposed law provides that should a claim against any employer, whether public or private, be
filed pursuant to proposed law and be joined with an action authorized under the "Louisiana
Employment Discrimination Law", the venue can be either in the parish where the violation
occurred, or in the parish where the employee is domiciled, or in the parish where the employer's
business is located.
Proposed law provides that if an employer remedies the violation in a manner that is satisfactory
to the employee, then no further action is necessary on the part of the employer.
Proposed law provides that the employee may institute a civil suit in a court of competent district
court where the employee is domiciled or where a defendant is domiciled or doing business in Louisiana.
Present law provides that a state employer who violates the provisions of discrimination on the
basis of sex, whether intentional or unintentional, shall be liable to the affected employees in the
amount of the employee's unpaid wages and reasonable attorney fees and costs.
Proposed law retains present law but also provides for judicial interest in addition to unpaid
wages and attorney fees as well as reinstatement, promotion, benefits lost or not received, front
pay, any combination of these, and any other relief that the court in its discretion determines is
necessary or appropriate.
Proposed law provides that when an employer knowingly discriminates on the basis of sex or the
employer retaliated against an employee for filing a discrimination claim, the employer shall be
liable for liquidated damages.
Present law provides that the provisions of the "Louisiana Equal Pay for Women Act" are
intended to be supplemental to the provisions of the "Louisiana Employment Discrimination
Act", which prohibits discrimination based upon sex regardless of whether the employer is a state
entity, a private business, or other employer.
Proposed law provides that proposed law will be construed to prohibit unintentional, as well as
intentional discrimination in pay.
Present law requires most individuals and private companies that do business with a state or local
government agency to adhere to public bid laws and supply certain information to government
entity that is hiring the individual or private company.
Proposed law retains present law but requires individuals and private companies that do business
with a state or local government agency to attest to the fact that they will provide sworn affidavits
and verification that they will comply with proposed law.
Proposed law provides that a public entity may not enter into a contract for goods or services
with any private employer unless the private employer does all of the following:
(1)Provides a sworn affidavit attesting that the pay practices of the private employer comply
with proposed law.
(2)Maintains and makes available its records at reasonable times upon notice from the
contracting public entity. Records to be made available include the name, address, and
position of each employee, and all wages paid to each employee and such records shall be
preserved for a period of not less than three and one half years from the employee's last
date of employment with the employer.
(3)A private employer must require all subcontractors to satisfy the requirements of
proposed law. Proposed law provides that a public entity contracting with a private employer that is in violation
of the provisions of proposed law must require the employer to comply with the provisions of
proposed law within a reasonable amount of time. Proposed law provides that a private employer
that fails to meet such requirement is subject to cancellation of any public contract.
Proposed law provides that a private employer penalized in accordance with proposed law has
the right to appeal to the appropriate agency, department, or other public entity sanctioning the
employer.
Proposed law provides that a private employer who is subject to cancellation of a contract
pursuant to proposed law for the actions of a subcontractor may only be penalized if the private
employer had actual knowledge of the subcontractor's failure to comply with the proposed law.
Present law provides that the Louisiana Commission on Human Rights is a state commission that
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
would also have jurisdiction over proposed law.
Effective August 1, 2014.
(Amends R.S. 23:661, 662, 663(2), and (3), 664(A), 665, 666(A), (B), and (C), 667, 668, 669 and
R.S. 38:2212(A)(1)(b)(ii)(bb) and R.S. 51:2231(C), 2232(12), 2235(intro para), (9), (11), (12),
(13), (14), and (16) (intro para) and (16)(c); adds R.S. 23:663(4), 664(F) and R.S. 38:2212.11;
repeals R.S. 23:666(F))