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:
(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))