Statute
- Louisiana Equal Pay for Women Act, La. Rev. Stat. Ann. § 23:661 et seq
- Louisiana Employment Discrimination Law, La. Rev. Stat. Ann. § 23:301 et seq
- Louisiana Employment Discrimination Law, La. Rev. Stat. Ann. § 23:332 et seq
- New Orleans Executive Order MJL 17-01
- New Orleans, Louisiana, Code of Ordinances, Sec. 86-22
Classes Protected
- Sex, race, color, religion, national origin, age, disability, pregnancy (including childbirth and related medical conditions), sickle- cell trait, or protected genetic information.
- Sex, race, color, religion, sex, national origin, military status, or natural, protective, or cultural hairstyle.
- New Orleans: Race, creed, national origin or ancestry, color, religion, gender or sex, sexual orientation, gender identification, marital status, age, physical condition or disability.
Key Language on Pay Discrimination
- Under La. Rev. Stat. Ann. § 23:332 et seq., it is unlawful for an employer to:
- Intentionally discriminate against any individual with respect to compensation because of the individual's race, color, religion, sex, national origin, military status, or natural, protective, or cultural hairstyle.
- “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. An employer paying wages in violation of this Section may not reduce the wages of any other employee in order to comply with this Section.”
- Under La. Rev. Stat. Ann. § 23:661 et seq.: “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.”
- Under New Orleans, Louisiana, Code of Ordinances, Sec. 86-22, it is unlawful for any person to discriminate against any individual with respect to compensation, on the basis of that individual's race, creed, national origin or ancestry, color, religion, gender or sex, sexual orientation, gender identification, marital status, age, physical condition or disability.
Exceptions for Pay Disparities (Including Affirmative Defenses)
Under La. Rev. Stat. Ann. § 23:332 et seq
- 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
- La. Rev. Stat. Ann. § 23:661 et seq: 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. Additionally, it prohibits retaliation for filing a complaint or instituting a proceeding, providing information in connection with an inquiry or proceeding, or testifying.
Pay Transparency
- Under La. Rev. Stat. Ann. § 23:661 et seq, employees can inquire about, disclose, compare, or otherwise discuss their wages or the wages of any other employee.