Louisiana Pay Equity
Statute
Classes protected
- Sex, race, color, religion, National origin
Key language on pay discrimination
- “No [public] employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid within the same agency to another employee of a different sex for the same or substantially similar work on jobs in which the employee’s performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions including time worked in the position.”
- Unlawful discrimination in employment for an employer with 20 or more employees “to intentionally discriminate against any individual with respect to compensation” because of race, color, religion, sex, or national origin
- Unlawful discrimination in employment for an employer with 20 or more employees to "intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions"
Exceptions for pay disparities (including affirmative defenses)
- Seniority system
- Merit system
- System that measures earnings by quantity or quality of production
- Differential based on a bona fide factor other than sex, including but not limited to education, training, or experience, provided that the factor is related to the job position in question and no alternative employment practice would serve the same legitimate business purpose without producing such a differential
- Employees who work in different locations
Prohibition on salary history inquiry
- New Orleans prohibits inquiries about a candidate's salary history during the application and interview process for City positions. City agencies may not rely on pay history in the determination of wages nor in determining whether to offer employment to an applicant.
Anti-retaliation
- Prohibits retaliation against an employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee, or aiding or encouraging any other employee to exercise their rights under the law
- Prohibits retaliation for filing a complaint or instituting a proceeding, providing information in connection with an inquiry or proceeding, or testifying
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