Salary History Ban in Louisiana: What Employers Can Ask

Federal law does not broadly prohibit salary history inquiries. The Equal Pay Act, 29 U.S.C. § 206(d), prohibits wage discrimination based on sex but does not restrict an employer's ability to ask about prior compensation. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination based on race, color, religion, sex, or national origin, but does not restrict salary history questions unless they are used as a pretext for discrimination.

The EEOC (Equal Employment Opportunity Commission) enforces federal anti-discrimination law but has not issued guidance treating salary history inquiries as inherently discriminatory. Some federal contractors may face additional restrictions under Executive Order 11246, which requires non-discrimination in federal contracting, but this does not explicitly ban salary history questions either.

At the federal level, salary history questions are generally legal as long as they are not part of a pattern or practice of discrimination. For example, asking only women about salary history while not asking men could violate Title VII, but the question itself is not prohibited. The EEOC's position has evolved, and some regional EEOC offices have discouraged the practice, but no federal statute explicitly bans it.

Louisiana state law contains no statute banning salary history inquiries. The Louisiana Revised Statutes Title 23 (Louisiana Labor Code) does not restrict employers from asking about prior compensation. Unlike California (California Labor Code § 432.3), New York (New York Labor Law § 740), Delaware (Delaware Code Title 19, § 710D), and other states that have enacted explicit salary history bans, Louisiana has not passed comparable legislation.

This means Louisiana employers have broader latitude under state law to ask about salary history during recruitment and negotiation. Employers in Louisiana can ask candidates about current or past compensation, and candidates cannot rely on state law to refuse to answer. There is no Louisiana statute that gives employees a right to keep salary history private or that penalizes employers for requesting this information.

However, Louisiana law does prohibit wage discrimination under the Equal Pay Act principles recognized in state jurisprudence. If an employer uses salary history as a pretext for sex-based or race-based discrimination, that conduct may violate Louisiana public policy or federal law, but the salary history inquiry itself is not restricted by Louisiana statute.

Additionally, some Louisiana municipalities have enacted local salary history bans. New Orleans, for example, has passed an ordinance restricting salary history inquiries in city-covered positions. Employers operating in cities with such ordinances must comply with local law even though state law does not impose the restriction. Employees in Louisiana should check whether their city or parish has a local salary history ordinance.

Louisiana employers have no state law restriction on salary history inquiries, so there are no statutory exceptions to cite. However, the lack of a salary history ban does not mean employers can use salary information unlawfully. If an employer asks about salary history as part of a pattern of sex, race, age, or other protected-class discrimination, that conduct violates federal law and potentially Louisiana public policy, even though the question itself is not banned.

Union employees covered by collective bargaining agreements may have contractual restrictions on salary history questions if their union negotiated such protections, but these are contract-based, not statutory exceptions.

Federal contractors in Louisiana may face restrictions under Executive Order 11246 or OFCCP guidance, which has discouraged salary history inquiries as a mechanism for perpetuating past discrimination. Some federal agencies have restricted salary history questions for positions they fund, but this applies only to federal contractors and specific programs, not generally to Louisiana employers.

Public employees in Louisiana (state and local government employees) may have additional protections under civil service law or union contracts, and some municipalities have passed local ordinances. For example, New Orleans has restricted salary history questions for city positions and contractors, so public employees in covered jurisdictions have local law protections even though state law does not provide them.

The lack of a salary history ban also means at-will employment principles apply fully; employers can make hiring decisions based on many factors, including salary history, as long as the decision is not discriminatory.

Since Louisiana has no state law banning salary history inquiries, there is no violation to report under Louisiana statute. However, if you believe an employer's salary history question was part of illegal discrimination, follow these steps:

**Step 1: Document the incident.** Write down the date, time, who asked about your salary history, the exact question or language used, whether they asked other candidates the same question, and any subsequent decisions (such as lower offer, rejection, or continued lower pay). Keep emails, text messages, interview notes, or any written communication mentioning your salary history.

**Step 2: Determine whether discrimination occurred.** If the salary history question was asked only of candidates of a certain race, sex, age, or other protected status, or if the information was used to discriminate in pay or hiring, that conduct violates federal law (Title VII, Age Discrimination in Employment Act, Equal Pay Act) and potentially Louisiana public policy. If you are unsure, consult an employment attorney.

**Step 3: Check for a local ordinance.** If you live and work in a Louisiana city with a salary history ban (such as New Orleans), the employer may have violated that local ordinance by asking the question. Look up your city's employment or anti-discrimination ordinance, or contact your city's civil rights department.

**Step 4: File a charge with the EEOC if discrimination is involved.** If the salary history question was part of discrimination based on sex, race, age, disability, religion, national origin, sexual orientation, or gender identity, file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) New Orleans field office. You have 180 days from the date of the alleged discrimination to file a charge (or 300 days in a state with a deferral agreement, though Louisiana's status varies). File online at eeoc.gov/charges, by phone at 1-800-669-4000, or in person at the New Orleans EEOC office.

**Step 5: File a charge with the Louisiana Commission on Human Rights if applicable.** If the discrimination is also based on a state-protected characteristic (such as sex or race under Louisiana state law), you may file with the Louisiana Commission on Human Rights (LCHR). Filing with the LCHR and EEOC simultaneously (dual filing) is common; the agencies share jurisdiction.

**Step 6: Expect an investigation (4-12 months).** The EEOC will investigate your charge, contact the employer, request documents, and interview witnesses. You will receive updates and may be asked for additional information.

**Step 7: Consult an employment attorney if the agency finds no violation or if you wish to sue.** If the EEOC issues a right-to-sue letter, you have 90 days to file a lawsuit in federal court. An employment attorney can evaluate your case for damages (back pay, front pay, compensatory damages, punitive damages, attorney fees).