SLS 22RS-628 ORIGINAL
2022 Regular Session
SENATE BILL NO. 410
BY SENATOR JACKSON
EMPLOYMENT. Prohibits certain employment practices related to wage history, wage
disclosure, and retaliation. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 23:664(D) and to enact R.S. 23:333 and 664(F), relative to
3 employment discrimination; to prohibit certain employment practices; to prohibit the
4 use of wage history under certain circumstances; to provide for wage disclosure; to
5 provide limitations on protections; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 23:664(D) is hereby amended and reenacted and R.S. 23:333 and
8 664(F) are hereby enacted to read as follows:
9 §333. Unlawful employment practices by employers; wage history, wage
10 disclosure, and retaliation
11 A. It is an unlawful employment practice for an employer to inquire
12 about or rely on the wage history of an applicant for an offer of employment by
13 doing any of the following:
14 (1) Screening job applicants based on their current or prior wages,
15 benefits or other compensation, or salary histories, including requiring that an
16 applicant's prior wages, benefits or other compensation, or salary history satisfy
17 minimum or maximum criteria.
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1 (2) Relying on the wage history of an applicant in deciding whether to
2 offer employment to an applicant, or in determining the salary, benefits, or
3 other compensation for such applicant during the hiring process, including the
4 negotiation of an employment contract.
5 (3) Refusing to hire or otherwise disfavor, injure, or retaliate against an
6 applicant for not disclosing his wage history to an employer.
7 B.(1) Except as provided in Paragraph (2) of this Subsection, an
8 employer shall not discriminate, retaliate, or take any adverse employment
9 action, including but not limited to termination or any other manner of
10 discrimination against any employee for inquiring about, disclosing, comparing,
11 or otherwise discussing the employee's wages or the wages of any other
12 employee, or aiding or encouraging any other employee to exercise the same
13 actions.
14 (2) The protections provided for in this Subsection shall not be applicable
15 if an employee who has access to the wage information of other employees as a
16 part of the employee's essential job function discloses the wages of other
17 employees to individuals who do not otherwise have access to such information,
18 unless the disclosure is required under law.
19 * * *
20 §664. Prohibited acts
21 * * *
22 D.(1) Except as provided in Paragraph (2) of this Subsection, it It shall
23 be unlawful for an employer to interfere with, restrain, or deny the exercise of, or
24 attempt to exercise, any right provided pursuant to this Chapter. It shall be unlawful
25 for any employer to discriminate, retaliate, or take any adverse employment action,
26 including but not limited to termination or in any other manner discriminate against
27 any employee for inquiring about, disclosing, comparing, or otherwise discussing the
28 employee's wages or the wages of any other employee, or aiding or encouraging any
29 other employee to exercise his or her rights under this Chapter.
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1 (2) The protections provided in this Subsection shall not be applicable
2 if an employee who has access to the wage information of other employees as a
3 part of the employee's essential job function discloses the wage of other
4 employees to individuals who do not otherwise have access to such information,
5 unless the disclosure is required under law.
6 * * *
7 F. It is an unlawful employment practice for an employer to inquire
8 about or rely on the wage history of an applicant for an offer of employment by
9 doing any of the following:
10 (1) Screening job applicants based on their current or prior wages,
11 benefits or other compensation, or salary histories, including requiring that an
12 applicant's prior wages, benefits or other compensation, or salary history satisfy
13 minimum or maximum criteria.
14 (2) Relying on the wage history of an applicant in deciding whether to
15 offer employment to an applicant, or in determining the salary, benefits, or
16 other compensation for such applicant during the hiring process, including the
17 negotiation of an employment contract.
18 (3) Refusing to hire or otherwise disfavor, injure, or retaliate against an
19 applicant for not disclosing his wage history to an employer.
20 Section 2. This Act shall become effective upon signature by the governor or, if not
21 signed by the governor, upon expiration of the time for bills to become law without signature
22 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
23 vetoed by the governor and subsequently approved by the legislature, this Act shall become
24 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Yoursheka Butler.
DIGEST
SB 410 Original 2022 Regular Session Jackson
Proposed law provides that it is 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:
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(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 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 proposed law protections do not apply 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 is 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 is 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 retains present law and provides that protections do not apply 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.
Effective upon the signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 23:664(D); adds R.S. 23:333 and 664(F))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.