SLS 19RS-152 ENGROSSED
2019 Regular Session
SENATE BILL NO. 136
BY SENATORS MORRELL, BISHOP, BOUDREAUX AND CARTER AND
REPRESENTATIVES JIMMY HARRIS, JAMES AND LEGER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT. Provides with respect to wage secrecy and pay discrimination. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 23:332(H)(3) and to enact R.S. 23:332(A)(4), relative to
3 employment wages; to provide for employment discrimination; to prohibit
4 discrimination against an employee who discloses his wages; to prohibit
5 discrimination against an employee who inquires about the wages of another
6 employee; to prohibit certain nondisclosure agreements; to provide for exceptions;
7 and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 23:332(H)(3) is hereby amended and reenacted and R.S.
10 23:332(A)(4) is hereby enacted to read as follows:
11 ยง332. Intentional discrimination in employment; wage disclosure
12 A. It shall be unlawful discrimination in employment for an employer to
13 engage in any of the following practices:
14 * * *
15 (4)(a)(i) Intentionally require, as a condition of employment, that an
16 employee refrain from inquiring about, discussing, or disclosing the amount of
17 his wages or the wages of another employee.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 136
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1 (ii) Intentionally require, as condition of employment, that an employee
2 sign a waiver, nondisclosure agreement, or other document that denies the
3 employee the right to inquire about, discuss, or disclose the amount of his
4 wages.
5 (iii) Intentionally retaliate, discipline, discharge, or otherwise
6 discriminate against an employee for inquiring about, discussing, or disclosing
7 the wages of the employee or another employee.
8 (b) Nothing in this Paragraph shall be construed to create an obligation
9 for an employee to disclose the employee's wage information.
10 (c) The protections provided in this Paragraph do not apply to instances
11 in which an employee who has access to wage information of other employees
12 as a part of the employee's essential job functions discloses the wages of another
13 employee to individuals who do not otherwise have access to the information,
14 unless the disclosure is in response to a complaint or charge or in furtherance
15 of an investigation, proceeding, hearing, or action pursuant to this Chapter,
16 including an investigation conducted by the employer.
17 * * *
18 H. Notwithstanding any other provision of this Section, it shall not be
19 unlawful discrimination in employment for:
20 * * *
21 (3) An employer to apply different standards of compensation or different
22 terms, conditions, or privileges of employment pursuant to a bona fide seniority or
23 merit system, or a system which measures earnings by quantity or quality of
24 production, or any other differential based on any bona fide business factor other
25 than sex and other than prior salary history, or to employees who work in
26 different locations, provided that such differences are not the result of an intention
27 to discriminate because of race, color, religion, sex, or national origin.
28 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 136
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 136 Engrossed 2019 Regular Session Morrell
Present law prohibits intentional discrimination on the basis of race, color, religion, sex, or
national origin.
Proposed law retains present law but adds wage disclosure to the list of items which cannot
be the subject of intentional discrimination.
Proposed law prohibits an employer from intentionally requiring, as a condition of
employment, that an employee refrain from inquiring about, discussing, or disclosing the
amount of his wages or the wages of another employee.
Proposed law prohibits an employer from intentionally requiring, as a condition of
employment, that an employee sign a waiver, nondisclosure, or other document that denies
the employee the right to inquire about, discuss, or disclose the amount of his wages.
Proposed law prohibits an employer from intentionally retaliating, disciplining, or
discharging, or otherwise discriminating against an employee who has inquired about,
discussed, or disclosed his own wages or another employee's.
Proposed law provides that nothing in proposed law will be construed to create an obligation
for an employee to disclose his wage information.
Proposed law provides that the protections provided in proposed law do not apply to
instances in which an employee who has access to wage information of other employees as
a part of the employee's essential job functions discloses the wages of another employee to
individuals who do not otherwise have access to the information, unless the disclosure is in
response to a complaint or charge or in furtherance of an investigation, proceeding, hearing,
or action pursuant to this proposed law, including an investigation conducted by the
employer.
Present law provides that it shall not be unlawful discrimination in employment for an
employer to apply different standards of compensation or different terms, conditions, or
privileges of employment pursuant to a bona fide seniority or merit system, or a system that
measures earnings by quantity or quality of production, or any other differential based on
any factor other than sex, or to employees who work in different locations, provided that
such differences are not the result of an intention to discriminate because of race, color,
religion, sex, or national origin.
Proposed law retains present law but requires that factors other than sex and prior salary
history must be a bona fide business factor.
Effective August 1, 2019.
(Amends R.S. 23:332(H)(3); adds R.S. 23:332(A)(4))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.