Provides relative to the use of automated decision systems with respect to employment decisions (OR INCREASE GF EX See Note)
Louisiana HB 421 (2026 Regular Session) has not been enacted. It is in the House Committee on Labor and Industrial Relations. If enacted, it would add Part IV of Chapter 9 of Title 23 (R.S. 23:971-980) to regulate employers' use of automated decision systems (ADS) in employment-related decisions. Employers would have to give workers written notice before deploying an ADS, or within 30 days of hiring a new worker (R.S. 23:972). Job applicants would be told that an ADS is used for hiring. Employers would also have to keep a list of the ADS they use. The notice would have to describe the decisions affected, the data used, key parameters, the system's creators, any quotas, and the worker's rights to access data, to appeal, and to be free from retaliation. Employers could not use an ADS to violate labor or civil rights laws, infer protected status, or penalize workers for exercising legal rights. They also could not use an ADS to predict traits unrelated to essential job functions, or use facial, gait, or emotion recognition (R.S. 23:973). Data could not be collected for undisclosed purposes. Employers could not rely solely on an ADS for discipline, termination, or deactivation. They would have to ensure output accuracy and use a designated internal reviewer to corroborate it. Workers could access and correct their data. Individualized pay-setting by ADS would be limited, and customer ratings could not be the sole or primary input. Employers that primarily rely on an ADS for discipline, termination, or deactivation would have to give post-decision notice (R.S. 23:974). Workers could appeal within 30 days. The employer or vendor must respond within 14 business days through a human reviewer who was not involved in the decision. Overturned decisions must be rectified within 21 business days (R.S. 23:975). Retaliation is prohibited (R.S. 23:977). A collective bargaining agreement can waive the Part if it meets specified conditions (R.S. 23:978). Local ordinances giving equal or greater protection are not preempted (R.S. 23:979). Violations carry a $500 civil penalty, and Louisiana Works would enforce the Part and may make rules. Civil actions would be allowed in district court (R.S. 23:980).
Status history
Current status as of 2026-02-25
In committee
2026-02-25
observed 2026-08-30
Impact areas
- Workforce Impacts
- Enterprise Adoption
- Quality Assurance
- AI Policy
- Privacy & Data Protection
- Algorithms & Automated Decisions