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Regular Session, 2014
SENATE BILL NO. 334
BY SENATOR PETERSON
EMPLOYMENT. Provides that the Louisiana Equal Pay for Women Act be applicable to
men, private employers and requires government contractors to verify equal pay practices.
(8/1/14)
AN ACT1
To amend and reenact R.S. 23:661, 662, 663(2), and (3), 664(A), 665, 666(A), (B), and (C),2
667, 668, 669, and R.S. 38:2212(A)(1)(b)(ii)(bb) and R.S. 51:2231(C), 2232(12), the3
introductory paragraph of 2235, (9), (11), (12), (13), (14), and the introductory4
paragraph of (16) and(16)(c), to enact R.S. 23:663(4), 664(F) and R.S. 38:2212.115
and to repeal R.S. 23:666(F), relative to the "Louisiana Equal Pay for Women Act";6
to provide for declaration of public policy; to make policies applicable to men; to7
provide for definitions; to prohibit discrimination; to prohibit unintentional8
discrimination; to provide for the Louisiana Commission on Human Rights; to9
provide for complaint procedure; to provide for time limits; to provide for courts; to10
provide for judicial interest; to provide for liquidated damages; to provide for11
coordination of discrimination laws; to provide for public contracts; to require12
private employers who contract with public entities to perform certain acts; to13
provide for verification; to provide for affidavits; to provide for penalties; to provide14
for cancellation of contracts; to provide for enforcement; and to provide for related15
matters.16
Be it enacted by the Legislature of Louisiana:17 SB NO. 334
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Section 1. R.S. 23:661, 662, 663(2), and (3), 664(A), 665, 666(A), (B), and (C), 667,1
668, and 669 are hereby amended and reenacted and R.S. 23:663(4) and 664(F) are hereby2
enacted to read as follows:3
CHAPTER 6-A. LOUISIANA EQUAL PAY FOR WOMEN ACT4
§661. Short title; citation5
This Chapter shall be known and may be cited as the "Louisiana Equal Pay6
for Women Act".7
§662. Declaration of public policy8
The public policy of this state is that a woman who performs public service9
for the state is entitled to be paid the same compensation for her service as is paid to10
a man who performs must be paid to workers who perform work that is the same11
kind, grade and quality of service, and a distinction in compensation may not be12
made because of sex.13
§663. Definitions14
As used in this Chapter, the following terms shall have the definitions15
ascribed in this Section unless the context indicates otherwise:16
* * *17
(2) "Employee" means any female individual who is employed to work forty18
or more hours a week and who is employed by the works for an employer in return19
for compensation.20
(3) "Employer" means any department, office, division, agency, commission,21
board, committee or other organizational unit of the state, or any local22
governmental subdivision, political subdivision, or any agency or department23
thereof, and any person or other legal entity that pays twenty or more24
individuals to work within the state.25
(4) "Unpaid wages" means the difference between the compensation26
actually paid to an employee and the amount required to be paid the employee27
under R.S. 23:664.28
§664. Prohibited acts29 SB NO. 334
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A. No employer may discriminate against an employee between employees1
in the same establishment on the basis of sex by paying wages to an employee at2
a rate less than that paid within the same agency to another employee of a different3
sex for the same or substantially similar work on jobs in which the employee's4
performance requires equal or comparable skill, effort, education, experience, and5
responsibility and that are performed under similar involve the same or comparable6
working conditions including time worked in the position.7
* * *8
F. In any action pursuant to this Chapter, an employer may not raise as9
a defense any agreement by an employee to work for less than the rate to which10
the employee is entitled under this Chapter.11
§665. Complaint procedure12
A. An employee who in good faith believes that her an employer is in13
violation of this Chapter shall submit written notice of the alleged violation to the14
employer. An employer who receives such written notice from an employee shall15
have sixty days from receipt of the notice to investigate the matter and remedy any16
violation of this Chapter. If an employer remedies the violation in a manner that17
complies with the statute and satisfactory to the employee within the time provided18
herein, the employee may not bring any action against the employer pursuant to this19
Chapter except as provided in Subsections B and C of this Section then no further20
action is necessary on the part of the employer.21
B. If an employer fails to resolve the dispute to the satisfaction of such22
employee within the time provided herein, the employee may file a complaint with23
the commission requesting an investigation of the complaint pursuant to R.S. 23:30124
Chapter 3-A of this Title or R.S. 51:2257.25
C. If the commission finds evidence of discriminatory, retaliatory or other26
adverse employment action on the part of the employer in violation of this Chapter27
but is unable to resolve or mediate the dispute, or fails to render a decision as to the28
dispute within one hundred and eighty days from the filing of the complaint, or29 SB NO. 334
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issues a finding of no discrimination on the part of the employer, the employee may1
institute a civil suit in the Nineteenth Judicial District Court a court of competent2
jurisdiction where the employee is domiciled or pursuant to the provisions of3
the Louisiana Code of Civil Procedure Article 42.4
§666. Damages5
A. An employer who violates the provisions of this Chapter shall be liable to6
the affected employees in the amount of the employee's unpaid wages, judicial7
interest on the unpaid wages, and reasonable attorney fees and costs.8
B. In addition to the relief provided for in Subsection A of this Section,9
an employer who violates the provisions of this Chapter shall be liable for all of10
the following:11
(1) Liquidated damages up to the amount of unpaid wages where the12
employer knowingly discriminated on the basis of sex or the employer violated13
R.S. 23:664(D) or (E).14
(2) Reinstatement, promotion, benefits lost or not received, front pay,15
any combination of these, and any other relief that the court in its discretion16
determines is neccesary or appropriate to fulfill the purposes of this Chapter.17
C. The award of monetary relief shall be limited to those violations which18
have occurred within a thirty-six-month period prior to the employee's written notice19
to the employer, as required in R.S. 23:665(A).20
C. In cases where suit is filed in the district court, no monetary relief may be21
awarded the employee for losses incurred between the date that the district court22
rendered its final judgment and the date upon which all appeals of that judgment23
have been exhausted.24
* * *25
§667. Limitation of actions26
A. Any action filed in the Nineteenth Judicial District Court district court27
to recover unpaid wages or any other form of relief for a violation of this Chapter28
shall be commenced within one year of the date that an employee is aware or should29 SB NO. 334
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have been aware that the employee's employer is in violation of this Chapter.1
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
§668. Records to be kept by employers8
An employer subject to this Chapter shall create and preserve records9
reflecting the name, address, gender, and position of each employee, and all wages10
paid to each employee. These records shall be preserved for a period of not less than11
three years from the employee's last date of employment with the employer.12
§669. Supplemental application Coordination with Louisiana Employment13
Discrimination Law14
This The provisions of this Chapter is are supplemental and is not intended15
to supercede any provision provided for in to the provisions contained in Chapter16
3-A of this Title, the "Louisiana Employment Discrimination Act Law", which17
prohibits discrimination based upon sex regardless of whether the employer is a state18
entity, a private business, or other employer. The provision of this Chapter shall19
be construed to prohibit unintentional, as well as intentional, discrimination in20
pay. Should the civil action authorized in this Chapter be joined with an action21
authorized under the "Louisiana Employment Discrimination Law", the venue22
and limitations provisions of this Chapter will apply to the joined actions.23
Section 2. R.S. 38:2212(A)(1)(b)(ii)(bb) is hereby amended and reenacted and R.S.24
38:2212.11 is hereby enacted to read as follows:25
§2212. Advertisement and letting to lowest responsible bidder; public work;26
electronic bidding; participation in mentor-protégé program;27
exemptions28
A.(1) * * *29 SB NO. 334
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(b) * * *1
(ii) * * *2
(bb) Other documentation and information required including but not limited3
to the low bidder's attestation pursuant to R.S. 38:2212.10, 2212.11, and 2227 shall4
be furnished by the low bidder within ten days after the bid opening. The ten-day5
period shall not be altered or waived by any public entity except the governing6
authority of any publicly owned commercial aviation airport, the Sewerage and7
Water Board of New Orleans, and all agencies of the City of New Orleans, including8
but not limited to the Regional Transit Authority and the New Orleans Aviation9
Board, who shall require that the other documentation and information referred to10
in this Subitem be furnished by the two lowest bidders three days after the bid11
opening.12
* * *13
§2212.11. Verification of equal pay in public contracts14
A. A public entity may not enter into a contract for goods or services15
with any private employer unless the private employer meets all of the following16
requirements:17
(1) Provides a sworn affidavit attesting that the pay practices of the18
private employer comply with R.S. 23:661 through 669.19
(2) Complies with R.S. 23:661 through 669 during the term of the20
contract.21
(3) Maintains and makes available its records pursuant to R.S. 23:668 at22
reasonable times upon notice from the contracting public entity.23
B. A private employer must require all subcontractors to satisfy the24
requirements listed in Paragraph A of this Section.25
C. A public entity contracting with a private employer that is in violation26
of the provisions of this Section must require the employer to comply with the27
provisions of this Section within a reasonable amount of time. A private28
employer that fails to meet such requirement is subject to cancellation of any29 SB NO. 334
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public contract.1
D. A private employer penalized in accordance with this Section has the2
right to appeal to the appropriate agency, department, or other public entity3
sanctioning the employer.4
E. Under this Section, a private employer is subject to cancellation of a5
contract pursuant to Paragraph C of this Section for the actions of a6
subcontractor only if the private employer had actual knowledge of the7
subcontractor's failure to comply.8
Section 3. R.S. 51:2231(C), 2232(12), the introductory paragraph of 2235, (9), (11),9
(12), (13), (14), and the introductory paragraph of (16), and (16)(c) are hereby amended and10
reenacted to read as follows:11
§2231. Statement of purpose; limitation on prohibitions against discrimination12
because of age13
* * *14
C. The Louisiana Commission on Human Rights shall have enforcement15
powers including adjudication of claims of discrimination prohibited by R.S. 23:312,16
323, and 332, sickle cell trait discrimination prohibited by R.S. 23:352, and17
discrimination because of pregnancy prohibited by R.S. 23:341 et seq., and pay18
discrimination prohibited by Chapter 6-A of Title 23 of the Louisiana Revised19
Statutes of 1950.20
§2232. Definitions21
As used in this Chapter:22
* * *23
(12) "Discriminatory practice in connection with employment" means an24
employment practice prohibited by R.S. 23:312, 323, or 332 Chapter 3-A or25
Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950.26
* * *27
§2235. Powers and duties of commission28
In the enforcement of this Chapter or Chapter 3-A or Chapter 6-A of Title29 SB NO. 334
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23 of the Louisiana Revised Statutes of 1950, the commission shall have the1
following powers and duties:2
* * *3
(9) To receive, initiate, investigate, seek to conciliate, hold hearings on, and4
pass upon complaints alleging violations of this Chapter or Chapter 3-A or5
Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950.6
* * *7
(11) To furnish technical assistance requested by persons subject to this8
Chapter or Chapter 3-A or Chapter 6-A of Title 23 of the Louisiana Revised9
Statutes of 1950 to further their compliance with this Chapter, or Chapter 3-A or10
Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950, or an order11
issued thereunder.12
(12) To make studies appropriate to effectuate the purposes and policies of13
this Chapter or Chapter 3-A or Chapter 6-A of Title 23 of the Louisiana Revised14
Statutes of 1950 and make the results thereof available to the public.15
(13) To render, at least annually, a comprehensive written report to the16
governor and to the legislature. The report may contain recommendations of the17
commission for legislative or other action to effectuate the purposes and policies of18
this Chapter or Chapter 3-A or Chapter 6-A of Title 23 of the Louisiana Revised19
Statutes of 1950.20
(14) To adopt, promulgate, amend, and rescind rules and regulations to21
effectuate the purposes and provisions of this Chapter, or Chapter 3-A or Chapter22
6-A of Title 23 of the Louisiana Revised Statutes of 1950, including regulations23
requiring the posting of notices prepared or approved by the commission.24
* * *25
(16) To create local or statewide advisory committees that in its judgment26
will aid in effectuating the purposes of this Chapter or Chapter 3-A or Chapter 6-A27
of Title 23 of the Louisiana Revised Statutes of 1950. Members of such28
committees shall serve without pay but shall be reimbursed for expenses incurred in29 SB NO. 334
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such service. The commission may make provision for technical and clerical1
assistance to the committees. The commission may empower these committees:2
* * *3
(c) To make recommendations to the commission for the development of4
policies and practices that will aid in carrying out the purposes of this Chapter or5
Chapter 3-A or Chapter 6-A of Title 23 of the Louisiana Revised Statutes of6
1950.7
Section 4. R.S.23:666(F) is hereby repealed.8
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 SB NO. 334
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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 SB NO. 334
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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))