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2017 Regular Session
SENATE BILL NO. 2
BY SENATORS MORRELL AND PETERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT. Provides that the Louisiana Equal Pay Act be applicable to men and
private employers and requires government contractors to verify equal pay practices.
(8/1/17)
1 AN ACT
2 To amend and reenact Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950,
3 to be comprised of R.S. 23:661 through 669, relative to equal pay; to provide with
4 respect to public policy; to provide for definitions; to further prohibit pay
5 discrimination; to provide for a complaint procedure, penalties, attorney fees, and
6 damages; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950,
9 comprised of R.S. 23:661 through 669, is hereby amended and reenacted to read as follows:
10 CHAPTER 6-A. LOUISIANA EQUAL PAY FOR WOMEN ACT
11 §661. Short title; citation
12 This Chapter shall be known and may be cited as the "Louisiana Equal Pay
13 for Women Act".
14 §662. Declaration of public policy
15 The public policy of this state is that a woman who performs public service
16 for the state is entitled to be paid the same compensation for her service as is paid to
17 a man who performs same kind, grade and quality of service, and a all employees
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1 shall be compensated equally for work that is the same or equal in kind and
2 quality. No distinction in compensation may not be made because of sex.
3 §663. Definitions
4 As used in this Chapter, the following terms shall have the definitions
5 ascribed in this Section unless the context indicates otherwise:
6 (1) "Commission" means the Louisiana Commission on Human Rights.
7 (2) "Employee" means any female individual who is employed to work forty
8 or more hours a week and who is employed by the an employer.
9 (3) "Employer" means any department, office, division, agency, commission,
10 board, committee or other organizational unit of the state, any unit of local
11 government or political subdivision, or any individual, partnership,
12 corporation, association, business, trust, person, contractor, labor organization,
13 or entity for which fifty or more employees are employed within the state.
14 (4) "Unpaid wages" means the difference between the compensation
15 actually paid to an employee and the amount owed to the employee.
16 §664. Prohibited acts
17 A. No employer may discriminate against an employee on the basis of sex by
18 paying wages to an employee at a rate less than that paid within the same agency by
19 the same employer to another employee of a different sex for the same or
20 substantially similar work on jobs in which the employee's performance requires that
21 require equal skill, effort, education, and responsibility and that are performed under
22 similar involve the same or equal working conditions including time worked in the
23 position.
24 B. Nothing in Subsection A of this Section shall prohibit the payment of
25 different wage rates to employees when such payment is made pursuant to any of the
26 following:
27 (1) A seniority system.
28 (2) A merit system.
29 (3) A system that measures earnings by quantity or quality of production.
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1 (4) A differential based on a bona fide factor other than sex and consistent
2 with a business necessity, including but not limited to education, training, or
3 experience, provided that both:
4 (a) The the employer demonstrates that such factor is related to the job
5 position in question.
6 (b) No alternative employment practice would serve the same legitimate
7 business purpose without producing such a differential.
8 C. An employer who is paying wages in violation of this Chapter may not,
9 in order to comply with this Chapter, reduce the wages of any other employee.
10 D. It shall be unlawful for an employer to interfere with, restrain, or deny the
11 exercise of, or attempt to exercise, any right provided under pursuant to this
12 Chapter. It shall be unlawful for any employer to discriminate, retaliate, or take any
13 adverse employment action, including but not limited to termination or in any other
14 manner discriminate against any employee for inquiring about, disclosing,
15 comparing, or otherwise discussing the employee's wages or the wages of any other
16 employee, or aiding or encouraging any other employee to exercise his rights under
17 pursuant to this Chapter.
18 E. It shall be unlawful for an employer subject to this Chapter to discriminate,
19 retaliate, or take any adverse employment action, including but not limited to
20 termination against an employee because, in exercising or attempting to exercise the
21 employee's rights under pursuant to this Chapter, such the employee:
22 (1) Has filed any complaint or has instituted or caused to be instituted any
23 proceeding to enforce the employee's rights under pursuant to this Chapter.
24 (2) Has provided or will provide any information in connection with any
25 inquiry, hearing, or proceeding relating to any right afforded to an employee
26 pursuant to this Chapter, regardless of whether the information is related to the
27 employee's rights or the rights of another employee.
28 (3) Has testified or will testify in any inquiry, hearing, or proceeding relating
29 to any right afforded to an employee pursuant to this Chapter, regardless of whether
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1 the testimony is related to the employee's rights or the rights of another
2 employee.
3 F. An employee's agreement to work at a rate of compensation that is
4 less than the rate to which the employee is entitled may not be used as a defense
5 by the employer in any action against him brought pursuant to this Chapter
6 unless an employee negotiated the lesser compensation for specific
7 accommodations.
8 G. The provisions of this Chapter shall be construed to prohibit
9 discrimination in pay regardless of whether the differential in pay is intentional
10 or unintentional.
11 §665. Complaint procedure
12 A. An Any employee who in good faith believes that her his employer is in
13 violation of this Chapter shall submit written notice of the alleged violation to the his
14 employer. An employer who receives such written notice from an employee shall
15 have sixty days from receipt of the notice to investigate the matter and remedy any
16 violation of this Chapter discriminatory differential in pay. If an the employer
17 remedies the violation in a manner that complies with the statute and does so within
18 the time provided herein in this Subsection, the employee may not bring any action
19 against or seek unpaid wages from the employer pursuant to this Chapter except
20 as provided in Subsections B and C of this Section regarding the remedied
21 complaint.
22 B. If an the employer fails to resolve the dispute to the satisfaction of such
23 the employee within the time provided herein allotted sixty days, the employee may
24 file a complaint with the commission requesting an investigation of the complaint
25 pursuant to this Chapter, Chapter 3-A of this Title, or R.S. 51:2257.
26 C. If the commission finds evidence of discriminatory, retaliatory or other
27 adverse employment action on the part of the employer in violation of this Chapter
28 but is unable to resolve or mediate the dispute, or fails to render a decision as to
29 regarding the dispute within one hundred eighty days from the filing of the
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1 complaint, or issues a finding of no discrimination on the part of the employer, the
2 employee may institute a civil suit in the Nineteenth Judicial District Court a district
3 court of competent jurisdiction. In no event shall a civil suit be instituted prior
4 to the expiration of one hundred eighty days from the filing of the complaint
5 with the commission.
6 §666. Damages
7 A.(1) An employer who violates is found to have violated the provisions of
8 this Chapter shall be liable to the affected employees in the amount of the employee's
9 employee for unpaid wages and reasonable attorney fees and costs interest. The
10 award for unpaid wages shall not exceed the payment of unpaid wages for
11 thirty-six months.
12 (2) The prevailing party shall be awarded reasonable attorney fees.
13 (3) In addition to the damages provided for in this Subsection, the court
14 may award the employee up to the amount of any unpaid wages, reinstatement
15 of employment, promotion, or compensation for lost benefits.
16 B. The award of monetary relief beyond attorney fees shall be limited to
17 those violations which have that occurred within a thirty-six-month period prior to
18 the employee's written notice to the employer, as required in R.S. 23:665(A).
19 C. In cases where suit is filed in the district court, no monetary relief may be
20 awarded the employee for losses incurred between the date that the district court
21 rendered its final judgment and the date upon which all appeals of that judgment
22 have been exhausted.
23 D. Interim earnings by the employee discriminated against shall operate to
24 reduce the monetary relief otherwise allowable under pursuant to this Chapter.
25 E.D. Nothing in this Chapter prevents the voluntary settlement of a claim by
26 agreement of between the employer and the employee for a lesser amount than the
27 employee alleges the employee is due.
28 F.E. An employee found by a the court to have brought a frivolous claim
29 under pursuant to this Chapter shall be held liable to the employer or any agent of
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1 the employer who was named a defendant in the suit, or both, for reasonable
2 damages, reasonable attorney fees, and court costs incurred as a result of the claim.
3 §667. Limitation of actions
4 A. Any action filed in the Nineteenth Judicial District Court district court
5 to recover unpaid wages or any other form of relief for a violation of this Chapter
6 shall be commenced within one year of the date that an employee is aware or should
7 have been aware that the employee's employer is in violation of this Chapter.
8 B. This The one-year prescriptive period shall be suspended during the
9 sixty-day period allowed to the employer by this Chapter to respond to the
10 employee's written notice, during the pendency of any administrative review or
11 investigation of the employee's claim by the Louisiana Commission on Human
12 Rights commission or the United States Equal Employment Opportunity
13 Commission, or both.
14 §668. Records to be kept by employers
15 A. An Every employer subject to this Chapter shall create and preserve
16 records reflecting the name, sex, address, and position of each employee, and all
17 wages paid to each employee. These records shall be preserved for a period of not
18 less than three years from the employee's last date of employment with the employer.
19 B.(1) Any records created, preserved, or obtained pursuant to this
20 Chapter shall be confidential and privileged, and shall not be subject to
21 disclosure under the Public Records Law when in the custody or control of the
22 commission.
23 (2) Any records created, preserved, or obtained pursuant to this Chapter
24 shall be confidential. The employer may seek a protective order and an in
25 camera inspection by the court of competent jurisdiction of such records prior
26 to any public disclosure.
27 §669. Supplemental application
28 A. This Chapter is supplemental and is not intended to supercede any
29 provision supplement those remedies related to sex discrimination provided for
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1 in Chapter 3-A of this Title, the "Louisiana Employment Discrimination Act Law",
2 which prohibits discrimination based upon sex regardless of whether the employer
3 is a state entity, a private business, or other employer.
4 B. Nothing in this Chapter is intended to provide any additional
5 remedies or causes of action for any other category of employment
6 discrimination provided for in Chapter 3-A of this Title.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Leonore Heavey.
DIGEST
SB 2 Engrossed 2017 Regular Session Morrell
Present law provides that women working as employees of the state of Louisiana shall be
entitled to the same compensation as men employed by the state of Louisiana.
Proposed law retains present law but extends present law to cover men as well as women.
Proposed law retains present law but extends present law to cover local government
employees and private sector employees.
Present law defines "employee" as a woman who works 40 or more hours a week.
Proposed law changes the definition of "employee" to mean any person who performs work
for compensation.
Present law defines "employer" as an organizational unit of state government.
Proposed law extends the definition of "employer" from an organizational unit of the state
to all employers that employ 50 or more persons.
Present law prohibits an employer from paying wages to an employee at a rate less than the
rate at which the employer pays wages to another employee of the opposite sex for the same
or substantially similar work within the same state agency.
Proposed law removes the specific reference to "within the same agency" and further
provides that the work performed that is eligible for equal pay may be the same or equal to
the work done by another employee.
Present law allows exceptions for pay differences in instances in which pay is made under
a seniority system, a merit system, a system that measures earnings by quantity or quality
of production, or a difference based on a factor other than sex so long as the system is job
related or furthers a legitimate business purpose.
Proposed law retains present law but allows for an exception in differences in pay if the
difference is based on a factor other than sex and is consistent with a business necessity.
Proposed law removes the provision in present law authorizing an exception if no alternative
employment practice would serve the same legitimate business purpose without producing
such pay difference.
Proposed law disallows discrimination based on sex regardless of whether the discrimination
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is intentional or unintentional.
Present law prohibits an employer from interfering with, restraining, or denying the exercise
of, or attempted exercise of, an employee's right to equal pay and the employee's right to
object and bring action to remedy the discrimination.
Proposed law retains present law but clarifies that an employer is prohibited from retaliating
against an employee for providing information or testimony for a fellow employee to pursue
his rights under the law.
Proposed law provides that an employee's agreement to work at a rate of compensation that
is less than the rate to which such employee is entitled may not be used as a defense by the
employer in any action against him brought pursuant to proposed law unless such employee
negotiated the lesser compensation for specific accommodations.
Present law sets forth a complaint procedure for suspected violations of present law. Present
law provides that any employee who believes that his employer is discriminating in
compensation may provide written notice to the employer of the violation. Present law
provides that, upon receiving the notice, the employer is allowed 60 days to remedy the
violation.
Proposed law retains present law and prohibits any employee from seeking unpaid wages
from an employer if such employer has remedied the discriminatory differential in pay.
Present law provides that if the employer does not remedy the pay differential within the
allotted 60 days, the employee may bring an action against the employer with the Human
Rights Commission pursuant to present law.
Proposed law retains present law and in addition to the complaint procedure set forth in
present law (R.S. 51:2257) also allows for the use of the complaint procedure set forth in
present law (Chapter 3-A of Title 23) regarding discrimination in employment.
Present law provides that if the commission finds evidence of discriminatory action on the
part of the employer but fails to resolve the dispute, or fails to render a decision on the
dispute, the employee may institute a civil suit in district court.
Proposed law retains present law and limits the time period the commission is allowed to
decide on the dispute to 180 days from the filing of the complaint.
Present law requires that suits be brought in the 19th JDC (East Baton Rouge Parish).
Proposed law changes jurisdiction and venue of suits from the 19th JDC to a district court
of competent jurisdiction. Prohibits any employee from filing a civil suit prior to the
expiration of 180 days from the filing of the complaint with the commission.
Present law requires the court to award damages in the amount of unpaid wages, attorney
fees, and costs if a discriminatory difference in pay is found.
Proposed law requires the employer to be liable for unpaid wages and interest. Further
requires the award for unpaid wages not to exceed the payment of such unpaid wages for 36
months. Requires the prevailing party to be awarded reasonable attorney fees. Authorizes
the court to reinstate employment, grant a promotion, or compensate the employee for lost
benefits.
Present law limits monetary relief for a violation of the law to a 36-month period prior to the
employee's written notice. Provides that monetary relief cannot be awarded for losses
incurred between the time of the district court's final decision and the final determination of
an appellate court.
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Proposed law deletes present law and allows monetary relief beyond attorney fees to be
awarded for losses incurred between the time of the district court's final decision and the
final determination of an appellate court.
Present law allows an employee and his employer to come to an agreement to settle the
claim for an amount less than the amount the employee believes he is owed.
Proposed law retains present law and clarifies that the agreement be voluntary.
Present law requires employers to make and preserve records that document names,
addresses, positions, and wages of each employee and requires that the records be preserved
for at least three years from the last date of employment.
Proposed law retains present law but further requires the sex of each employee be recorded
and retained.
Proposed law requires any records created, preserved, or obtained to be confidential and
privileged, and not subject to disclosure under the Public Records Law when in the custody
or control of the commission. Authorizes the employer to seek a protective order and an in
camera inspection by the court of competent jurisdiction of such records prior to any public
disclosure.
Present law provides that present law is supplemental and is not intended to supercede any
provision of the present law "Louisiana Employment Discrimination Law", which prohibits
intentional discrimination based upon sex regardless of whether the employer is a state
entity, a private business, or other employer.
Proposed law provides that nothing in present law is intended to provide any additional
remedies or causes of action for any other category of employment discrimination.
Effective August 1, 2017.
(Amends R.S. 23:661-669)
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