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Regular Session, 2014
SENATE RESOLUTION NO. 161
BY SENATOR BROOME
PUBLIC CONTRACTS. Requests public entities to require private persons who contract
with the public entity verify employment practices relative to equal pay.
A RESOLUTION1
To urge and request public entities to have contractors in certain public contracts verify that2
its pay practices conform with the Louisiana Equal Pay for Women Act.3
WHEREAS, the Equal Pay Act of 1963, enacted by the 88th United States Congress,4
amended the Fair Labor Standards Act to abolish wage disparities based on sex; and5
WHEREAS, on June 10, 1963, President John F. Kennedy signed the Equal Pay Act,6
which requires employers to give women and men equal pay for equal work; and7
WHEREAS, in Act No. 374 of the 2013 Regular Session, the Louisiana Legislature8
enacted the Louisiana Equal Pay for Women Act which declared it to be the public policy9
of the state that a woman who performs public service for the state is entitled to be paid the10
same compensation for her service as is paid to a man who performs the same kind, grade11
and quality of service, and a distinction in compensation may not be made because of sex;12
and13
WHEREAS, 2014 marks the seventeenth anniversary of the 1997 passage of R.S.14
23:332, which made it unlawful for an employer to:15
(1) Intentionally fail or refuse to hire or to discharge any individual, or otherwise to16
intentionally discriminate against any individual with respect to his compensation, or his17
terms, conditions, or privileges of employment, because of the individual's race, color,18 SR NO. 161
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religion, sex, or national origin; and1
(2) Intentionally limit, segregate, or classify his employees or applicants for2
employment in any way which would deprive or tend to deprive any individual of3
employment opportunities or otherwise adversely affect his status as an employee, because4
of the individual's race, color, religion, sex, or national origin; and5
WHEREAS, the wages paid to Louisiana women, on average, are significantly lower6
than the wages paid to Louisiana men and the earnings gap between Louisiana women and7
men has placed Louisiana among the states with the greatest disparity in wages; and8
WHEREAS, it is incumbent upon the state of Louisiana and other public entities to9
encourage the full equality in pay for women set forth in public policy in the Louisiana10
Equal Pay for Women Act.11
THEREFORE BE IT RESOLVED that the Senate of the Legislature of Louisiana12
hereby urges and requests that public entities require any private employer who bids on or13
contracts with the public entity for the performance of services, the purchase of materials14
and supplies, or public works within Louisiana attest to all of the following in a sworn15
affidavit:16
(1) The private employer's pay practices conform with the pay practices provided in17
R.S. 23:661 through 669 for state employees.18
(2) The private employer shall continue, during the term of the contract, to comply19
with such pay practices.20
(3) The private employer shall require all subcontractors to submit to the employer21
a sworn affidavit verifying that they are also in compliance with (1) and (2) above.22
(4) The private employer shall maintain and make available to the public entity its23
records reflecting the name, address, and position of each employee, and all wages paid to24
each employee upon reasonable notice and during normal working hours and that these25
records shall be preserved for not less than three years from the completion of the contract.26
BE IT FURTHER RESOLVED that as used in this Resolution unless the context27
clearly indicates otherwise:28
(1) "Private employer" means a person, association, legal or commercial entity,29
receiving services from an employee and in return, giving compensation of any kind to an30 SR NO. 161
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employee, who employs twenty or more employees within this state for each working day1
in each of twenty or more calendar weeks in the current or preceding calendar year.2
(2) "Public entity" means and includes the state of Louisiana, or any agency, board,3
commission, department, or public corporation of the state, created by the constitution or4
statute or pursuant thereto, or any political subdivision of the state, local governmental5
subdivision, or municipality as defined in Article VI Section 44 of the Constitution of6
Louisiana, any public housing authority, public school board, or any public officer whether7
or not an officer of a public corporation or political subdivision, and any public body or8
officer where the particular transaction of the public body or officer is governed by the9
provisions of the model procurement code.10
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the11
commissioner of administration, the chief justice of the Louisiana Supreme Court, the12
Louisiana Municipal Association, the Police Jury Association of Louisiana, and the13
Louisiana School Boards Association.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Broome SR No. 161
Requests public entities to require a private employer who bids on or contracts with the
public entity for the performance of services, the purchase of materials and supplies, or
public works attest in a sworn affidavit that:
(1) The private employer's pay practices conform with the pay practices in the
Louisiana Equal Pay for Women Act for state employees.
(2) The private employer shall continue, during the term of the contract, to
comply with such pay practices.
(3) The private employer have all subcontractors to submit to the employer a
sworn affidavit verifying that they are also in compliance with (1) and (2)
above.
(4) The private employer will maintain and make available to the public entity
its records reflecting the name, address, and position of each employee, and
all wages paid to each employee upon reasonable notice and during normal
working hours and that these records will be preserved for not less than three
years from the completion of the contract.
Provides the following definitions:
(1) "Private employer" means a person, association, legal or commercial entity,
receiving services from an employee and in return, giving compensation of any kind SR NO. 161
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to an employee, who employs 20 or more employees within this state for each
working day in each of twenty or more calendar weeks in the current or preceding
calendar year.
(2)"Public entity" means and includes the state, or any agency, board, commission,
department, or public corporation of the state, created by the constitution or statute
or pursuant thereto, or any political subdivision of the state, local governmental
subdivision, or municipality as defined in Article VI Section 44 of the state
constitution, any public housing authority, public school board, or any public officer
whether or not an officer of a public corporation or political subdivision, and any
public body or officer where the particular transaction of the public body or officer
is governed by the provisions of the model procurement code.