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 245 Engrossed 2021 Regular Session Carpenter
Abstract: Provides relative to prohibiting unlawful employment practices related to wage history,
wage disclosure, and retaliation.
Proposed law provides that it shall be an unlawful employment practice for any employer to inquire
about or rely on the wage history of an applicant for an offer of employment by doing any of the
following:
(1)Screening job applicants based on the applicant's current or prior wages, benefits or other
compensation, or salary histories.
(2)Relying on the applicant's wage history in deciding whether to offer employment to an
applicant or to determine the applicant's salary, benefits, or other compensation.
(3)Refusing to hire or otherwise disfavor, injure, or retaliate against an applicant for not
disclosing his wage history.
Proposed law prohibits the discrimination, retaliation, or any other adverse employment action,
including but not limited to termination or other forms of discrimination, by an employer against any
employee for inquiring, disclosing, comparing, or discussing the employee's wages or any other
employee's wages, or aiding or encouraging any other employee to exercise the same actions.
Proposed law provides that protections shall not be applicable to an employee who already has
access to the wage information of other employees because it is an essential part of the employee's
job function.
Present law provides that it shall be unlawful for an employer to interfere with, restrain, or deny the
exercise of, or attempt to exercise, any right provided under present law. Further, present law
provides that it shall be unlawful for any employer to discriminate, retaliate, or take any adverse
employment action, including but not limited to termination or other forms of discrimination, against
any employee for inquiring, disclosing, comparing, or discussing the employee's wages or another
employee's wages, or aiding or encouraging any other employee to exercise his or her rights under
present law.
Proposed law provides that protections shall not be applicable to an employee who already has
access to the wage information of other employees because it is an essential part of the employee's
job function. Proposed law provides that it shall be an unlawful employment practice for any employer to inquire
about or rely on the wage history of an applicant for an offer of employment by doing any of the
following:
(1)Screening job applicants based on the applicant's current or prior wages, benefits or
other compensation, or salary histories.
(2)Relying on the applicant's wage history in deciding whether to offer employment to
an applicant or to determine the applicant's salary, benefits, or other compensation.
(3)Refusing to hire or otherwise disfavor, injure, or retaliate against an applicant for not
disclosing his wage history.
(Amends R.S. 23:664(D); Adds R.S. 23:333 and 664(F))