Louisiana 2025 Regular Session

Louisiana Senate Bill SB205 Latest Draft

Bill / Introduced Version

                            SLS 25RS-398	ORIGINAL
2025 Regular Session
SENATE BILL NO. 205
BY SENATOR CARTER 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT. Provides for employment practices related to wage history, wage
disclosure, and retaliation. (8/1/25)
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 for 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 practice by employers prohibited; wage history,
10	wage 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 a job applicant based on his current or prior wages,
15 benefits, or other compensation, or salary history, including requiring that an
16 applicant's prior wages, benefits, or other compensation, or salary history
17 satisfy minimum or maximum criteria.
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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. 205
SLS 25RS-398	ORIGINAL
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 the 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 in any other manner
10 discriminate 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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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 205
SLS 25RS-398	ORIGINAL
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 wages 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 a job applicant based on his current or prior wages,
11 benefits, or other compensation, or salary history, 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.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 205 Original 2025 Regular Session	Carter
Proposed law prohibits an employer from inquiring about or relying on the applicant's wage
history by doing any of the following:
(1)Screening a job applicant based on the applicant's current or prior wages, benefits,
or other compensation, or salary history.
(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.
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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. 205
SLS 25RS-398	ORIGINAL
Proposed law prohibits an employer from discriminating, retaliating, or taking any adverse
employment action against an employee who inquires, discloses, compares, or otherwise
discusses his wages, another employee's wages, or aids or encourages any other employee
to exercise the same actions.
Proposed law provides that the protections provided for in proposed law are not applicable
when an employee who has access to the wage information of other employees as a part of
his essential job function discloses the wages of other employees to individuals who do not
have access to such information, unless the disclosure is required by law.
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.
Present law further provides that it is unlawful for any employer to discriminate, retaliate,
or take any adverse employment action against an employee who inquires, discloses,
compares, or discusses his wages, another employee's wages, or aids or encourages any other
employee to exercise the same rights.
Proposed law retains present law and also provides that the protections provided for under
present law do not apply to an employee who has access to other employees' wage
information as a part of his essential job function and who discloses the wage information
to individuals who do not have access to such information, unless the disclosure is required
by law.
Effective August 1, 2025.
(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.