HLS 20RS-199 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 106
BY REPRESENTATIVE GREEN
EMPLOYMENT: Provides relative to equal pay for women
1 AN ACT
2To amend and reenact R.S. 23:662, 663, 665, and 667(A), relative to equal pay for women;
3 to provide for public policy; to revise definitions; to provide for a complaint
4 procedure; to provide for appropriate jurisdiction for suits brought for violations; and
5 to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 23:662, 663, 665, and 667(A) are hereby amended and reenacted to
8read as follows:
9 §662. Declaration of public policy
10 The public policy of this state is that a woman who performs public service
11 for is employed in the state of Louisiana is entitled to be paid the same compensation
12 for her service as is paid to a man who performs the same kind, grade, and quality
13 of service, and a distinction in compensation may shall not be made because of sex.
14 §663. Definitions
15 As used in this Chapter, the following terms shall have the definitions
16 ascribed in this Section unless the context indicates otherwise:
17 (1) "Commission" means the Louisiana Commission on Human Rights.
18 (2) "Employee" means any female individual who is employed to work forty
19 or more hours a week and who is employed by works for the employer in return for
20 compensation, on a full-time or part-time basis.
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HB NO. 106
1 (3) "Employer" means any department, office, division, agency, commission,
2 board, committee or other organizational unit of the state entity by whom fifteen or
3 more employees are employed within the state, including any individual, partnership,
4 corporation, association, business, trust, or labor organization, the state of Louisiana,
5 any state officer, any public department or agency, any unit of local government, and
6 any school district.
7 * * *
8 §665. Complaint procedure
9 A. An employee who in good faith believes that her employer is in violation
10 of this Chapter shall submit written notice of the alleged violation to the employer.
11 An employer who receives such a written notice from an employee shall have sixty
12 days from receipt of the notice to investigate the matter and remedy any violation of
13 this Chapter. If an employer remedies the violation in a manner that complies with
14 the statute this chapter and within the time provided herein, the employee may shall
15 not bring any action against the employer pursuant to this Chapter except as provided
16 in Subsections B and C of this Section.
17 B. If an employer fails to resolve the dispute to the satisfaction of such the
18 employee within the time provided herein, the employee may file a complaint with
19 the commission requesting an investigation of the complaint pursuant to R.S.
20 51:2257.
21 C. If the commission finds evidence of discriminatory, retaliatory, or other
22 adverse employment action on the part of the employer in violation of this Chapter
23 but is unable to resolve or mediate the dispute, or fails to render a decision as to the
24 dispute, or issues a finding of no discrimination on the part of the employer, the
25 employee may institute a civil suit in the Nineteenth Judicial District Court a district
26 court of competent jurisdiction.
27 * * *
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HB NO. 106
1 §667. Limitation of actions
2 A. Any action filed in the Nineteenth Judicial District Court district court to
3 recover unpaid wages or any other form of relief for a violation of this Chapter shall
4 be commenced within one year of the date that an employee is aware or should have
5 been aware that the employee's employer is in violation of this Chapter.
6 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 106 Original 2020 Regular Session Green
Abstract: Provides that pay equality shall extend to all persons employed in the state of La.
Present law provides that women employed as public employees shall be entitled to the same
compensation as men employed as public employees.
Proposed law extends present law to provide that pay equality shall apply to all employed
in the state.
Present law provides that an employee is any female individual who is employed to work
40 hours or more for an employer.
Proposed law changes present law to define "employee" as any female individual who works
for an employer on a full-time or part-time basis.
Present law defines "employer" as any department, office, division, agency, commission,
board, committee, or other organizational unit of the state.
Present law makes it unlawful for an employer to pay 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 in the same workplace. Proposed law retains present
law.
Present law provides that if the La. Human Rights 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 within 120 days, the employee may institute a civil suit in
the 19th Judicial District Court.
Proposed law changes the jurisdiction from the 19th Judicial District Court to any district
court of competent jurisdiction. Proposed law otherwise retains present law.
Present law provides for a one-year prescriptive period for bringing any action to recover
from the time the employee knows or should have known about the violation. Proposed law
retains present law.
(Amends R.S. 23:662, 663, 665, and 667(A))
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