Regulon — LA-HB-421 · LA HB 421 (Automated Decision Systems & Employment)

Summary

Regulates employers' and vendors' use of automated decision systems (ADS) for employment-related decisions in Louisiana. Requires employers to provide detailed pre-use written notice to affected workers at least 30 days before deploying an ADS and post-use notice when ADS is used for discipline, termination, or deactivation decisions. Prohibits employers from using ADS to infer protected status, employ facial recognition or emotion recognition, make predictions unrelated to essential job functions, or rely solely on ADS for discipline/termination decisions. Requires human review with corroborating evidence for all ADS-assisted employment decisions and grants workers a right to appeal, access their data, and correct errors. Enforced by Louisiana Works with a $500 civil penalty per violation; civil actions may seek injunctive relief, punitive damages, and attorney fees. Parties covered by qualifying collective bargaining agreements may waive these provisions.

Enforcement & Penalties

Enforcement Authority

Louisiana Works enforces this Part, including investigating alleged violations, issuing citations against employers, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing. A civil action may also be brought in judicial district court in the parish where the violation occurred, the employee resides, or the employer is located. The statute does not specify whether the civil action is limited to Louisiana Works or is also available to private plaintiffs, but the reference to 'petitioner' seeking injunctive relief and damages suggests a private right of action may be available.

Penalties

Civil penalty of $500 per violation. A petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney fees and costs. The $500 civil penalty does not require proof of actual harm.

Who Is Covered

"Employer" means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment of any worker. This also includes all branches of state government, parishes, cities, and municipalities, or any other political subdivision of the state, school district, special district, or any authority, commission, or board, or any other agency or instrumentality thereof.

"Employer" also includes a labor contractor of an employer as defined in Subparagraph (a) of this Paragraph.

"Vendor" means a third party, subcontractor, or entity engaged by an employer or an employer's labor contractor that provides software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information.

What Is Covered

"Automated decision system" or "ADS" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts by a natural person. An automated decision system does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, data set, or other compilation of data.

Compliance Obligations 17 obligations · click obligation ID to open requirement page

H-01 Human Oversight of Automated Decisions · H-01.3 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:972(A)-(C), (E)

Plain Language

Before deploying an ADS that will affect workers' employment-related decisions (other than hiring), employers must provide affected workers or their authorized representatives with a detailed written notice at least 30 days in advance. The notice must be in plain language, delivered as a standalone communication in the workers' customary language, and must disclose: what types of decisions the ADS affects, the data categories and sources used, any parameters known to cause disproportionate impact, who created the ADS, any quotas the ADS sets, the worker's data access and correction rights, anti-retaliation protections, and the right to appeal. For existing ADS already in use when the law takes effect, notice must be provided promptly; new hires must be notified within 30 days.

Statutory Text

A. An employer shall provide written notice that an ADS, for the purpose of making employment-related decisions, not including hiring, is in use at the workplace to a worker who will foreseeably be directly affected by the ADS, or his authorized representative. The notice shall be provided at any of the following time periods: (1) At least thirty days before an ADS is first deployed by the employer. (2) If the employer is using an ADS to assist in making employment-related decisions at the time this Part takes effect. (3) To a new worker within thirty days of his hiring date. C. A written notice required by this Section shall meet all of the following requirements: (1) Written in plain language as a separate, standalone communication. (2) In the language in which routine communications and other information are provided to workers. (3) Provided via a simple and easy-to-use method, including but not limited to an email, hyperlink, or other written format. E. A notice issued pursuant to Subsection A of this Section shall contain all of the following information: (1) The type of employment-related decisions potentially affected by the ADS. (2) A general description of the categories of worker input data the ADS will use, the sources of worker input data, and how worker input data will be collected. (3) Any key parameters known to disproportionately affect the output of the ADS. (4) The individuals, vendors, or entities that created the ADS. (5) If applicable, a description of each quota set or measure by an ADS that the worker is subject to, including the quantified number of tasks to be performed or products to be produced, and any potential adverse employment action that could result from failure to meet the quota, as well as whether those quotas are subject to change and if any notice is given of changes in quotas. (6) A description of the worker's right to access and correct the worker's own data used by the ADS. (7) That the employer shall be prohibited from retaliating against a worker who exercises his rights as provided in Paragraph (6) of this Subsection. (8) That the worker has a right to appeal any decision made with the assistance of an ADS and the process to appeal that decision.

H-01 Human Oversight of Automated Decisions · H-01.3 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:972(D)

Plain Language

Employers that use an ADS in hiring must notify each job applicant at the point of application receipt that the employer uses ADS for hiring decisions. This can be accomplished through an automatic reply or by including the notice on the job posting itself. Unlike the pre-use notice for existing workers (which requires detailed content), this hiring-context notice is simpler — it only needs to inform the applicant that ADS is used.

Statutory Text

D. An employer who uses an ADS to make hiring decisions shall notify a job applicant upon receiving his application that the employer utilizes an ADS for hiring decisions. Notifications may be made using an automatic reply mechanism or on the job posting.

G-01 AI Governance Program & Documentation · G-01.3 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:972(B)

Plain Language

Employers must maintain a current, updated inventory of all automated decision systems in use at the workplace. This is a continuing recordkeeping obligation — not a one-time exercise — and the list must reflect any additions or removals of ADS over time.

Statutory Text

B. An employer shall maintain an updated list of all ADS currently in use.

S-02 Prohibited Conduct & Output Restrictions · Deployer · EmploymentAutomated DecisionmakingBiometrics

R.S. 23:973(A)(1)(a)-(d), (A)(2)

Plain Language

Employers are categorically prohibited from using an ADS to: (1) violate labor, employment, safety, or civil rights laws; (2) infer a worker's protected class status; (3) identify, profile, predict, or take adverse action against workers for exercising legal rights; or (4) make predictions about worker behavior, beliefs, personality, emotional state, health, or other characteristics unrelated to essential job functions. Additionally, employers may not use any ADS that employs facial recognition, gait recognition, or emotion recognition technologies — this is a flat ban regardless of purpose. The prohibition on inferring protected status references R.S. 23:332, Louisiana's employment discrimination statute.

Statutory Text

A.(1) An employer shall not use an ADS to do any of the following: (a) Prevent compliance with or violate any federal, state, or local labor, occupational health and safety, employment, or civil rights laws or regulations. (b) Infer a worker's protected status as provided for in R.S. 23:332. (c) Identify, profile, predict, or take adverse action against a worker for exercising his legal rights, including but not limited to rights guaranteed by state and federal employment and labor law. (d) Make predictions or inferences about a worker's behavior, beliefs, intentions, personality, emotional state, health, or other characteristics or behavior that are unrelated to the worker's essential job functions. (2) In addition to the prohibitions provided for in Paragraph (1) of this Subsection, an employer shall not use an ADS that utilizes facial recognition, gait, or emotion recognition technologies.

D-01 Automated Processing Rights & Data Controls · D-01.4 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:973(B)

Plain Language

Employers may not collect worker data through an ADS for any purpose that was not disclosed in the pre-use written notice required under § 972. This is a purpose limitation — data collection by the ADS is restricted to the purposes the employer communicated to workers. Any new collection purpose requires updated notice before the data is collected.

Statutory Text

B. An employer shall not use an ADS to collect worker data for a purpose that is not disclosed pursuant to the notice requirements as provided in R.S. 23:972.

H-01 Human Oversight of Automated Decisions · H-01.6 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:973(C)(1)-(3)

Plain Language

Employers may never rely solely on an ADS for discipline, termination, or deactivation decisions. For any employment-related decision assisted by ADS, the employer or vendor must: (1) verify the accuracy of the ADS output, and (2) designate an internal human reviewer who independently investigates and compiles corroborating evidence. The reviewer must have sufficient authority, discretion, resources, time, and expertise to meaningfully evaluate the ADS output — including the ability to interpret the system's outputs and relevant impact assessments. The reviewer is protected from retaliation. If the ADS output cannot be corroborated, or the reviewer finds it inaccurate, incomplete, or misleading, the employer may not rely on it. This is a robust human-in-the-loop requirement — the human reviewer must have genuine override capability, not merely rubber-stamp authority.

Statutory Text

C.(1) An employer shall not rely solely on an ADS when making a discipline, termination, or deactivation decision. (2) If an employer or a vendor utilizes an ADS output to assist in making an employment-related decision, the employer or vendor shall do all of the following: (a) Ensure the accuracy of the ADS output. (b)(i) Use a designated internal reviewer to conduct a separate investigation and compile corroborating information for the decision. This information may include but is not limited to supervisory or managerial evaluations, personnel files, employee work products, or peer reviews. (ii) The designated internal reviewer required by this Subparagraph shall have all of the following: (aa) Sufficient authority, discretion, resources, and time to corroborate the ADS output. (bb) Sufficient expertise in the operation of similar systems and a sufficient understanding of the ADS in question to interpret its outputs as well as results of relevant impact assessments. (cc) Education, training, or experience sufficient to allow the reviewer to make a well-informed decision. (iii) The designated internal reviewer shall be protected from retaliation for exercising his responsibilities. (3) An employer shall not rely on an ADS to make an employment-related decision if the employer cannot corroborate the ADS output or the human reviewer has concluded that the ADS output is inaccurate, incomplete, or misleading.

D-01 Automated Processing Rights & Data Controls · D-01.1 D-01.2 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:973(C)(4)(a)-(b)

Plain Language

Employers must allow workers to access all worker data collected, used, or produced by an ADS — including both input data and output data — and to correct errors in that data, whether the data was used by the ADS itself or as corroborating evidence by a human reviewer. Workers may designate an authorized representative (who cannot be the employer) to exercise this access right on their behalf. This is a broad data access and correction right covering the full lifecycle of ADS data use.

Statutory Text

(4)(a) An employer shall allow a worker to access worker data collected, used by, or produced by an ADS and correct errors in any input or output data used by or produced by the ADS or used as corroborating evidence by a human reviewer. (b) An affected worker shall be allowed to choose an authorized representative to request access to the worker's data on his behalf.

Other · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:973(D)

Plain Language

Employers are prohibited from using an ADS that relies on individualized worker data to set or inform compensation unless four conditions are all met: (1) the input data directly relates to the worker's ability to perform the task based on education, training, experience, or seniority; (2) the inputs are clearly communicated to the worker so they understand what drives their pay; (3) the ADS is used no more than once every six months per worker; and (4) the ADS is not used for hiring, promotion, or other meaningful duty changes. This is a conditional prohibition — the default is that individualized-data-based ADS compensation is banned unless the employer can affirmatively demonstrate all four conditions.

Statutory Text

D. An employer shall not use an ADS that utilizes or relies on individualized worker data as inputs or outputs to determine or inform compensation, unless the employer can demonstrate all of the following: (1) The input data is directly related to the ability of the worker to complete the task based on his education, training, experience, or seniority. (2) The inputs used are clearly communicated to the worker such that the worker knows his compensation is a function of the identified attributes. (3) He does not use the ADS more than once per a six-month period per worker. (4) He does not use the ADS for the purpose of hiring, promoting, or any other meaningful changes in work duties.

Other · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:973(E)

Plain Language

Employers may not use customer ratings as the sole or primary data input for an ADS that makes employment-related decisions. Customer ratings may be one factor among many, but cannot be the dominant or only data source driving ADS-assisted employment outcomes. This protects workers from having their employment fate determined primarily by customer review data, which may reflect bias or factors outside the worker's control.

Statutory Text

E. An employer shall not use customer ratings as the only or primary input data for an ADS to make employment-related decisions.

D-01 Automated Processing Rights & Data Controls · D-01.1 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:973(F)-(G)

Plain Language

Workers have the right to request and receive a copy of their own data from the most recent 12 months that was primarily used by an ADS for a discipline, termination, or deactivation decision. This right may be exercised once per 12-month period. When providing data, the employer must anonymize any information about customers, other workers, or other individuals to protect their privacy. The anonymization obligation applies to all worker data disclosures under this Part, not just this specific right.

Statutory Text

F. A worker has the right to request, and an employer shall provide, a copy of the most recent twelve months of the worker's own data primarily used by an ADS to make a discipline, termination, or deactivation decision. A worker shall be limited to one request every twelve months for a copy of his own data used by an ADS to make a discipline, termination, or deactivation decision. G. For purposes of safeguarding the privacy rights of consumers, workers, and individuals, when an employer is required to provide worker data pursuant to this Part, the worker data shall be provided in a manner that provides anonymity regarding the customer's, other worker's, or individual's personal information.

H-01 Human Oversight of Automated Decisions · H-01.1 H-01.3 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:974(A)-(B)

Plain Language

When an employer primarily relies on an ADS for a discipline, termination, or deactivation decision, the employer must provide the affected worker with a post-decision written notice at the time the decision is made. The notice must be in plain language, standalone, in the worker's customary language, and delivered via an accessible method. It must disclose: a human contact for more information, that an ADS was used, the worker's right to request their data, anti-retaliation protections, and the right to appeal under § 975. This is an adverse-action notification — it triggers at the point the decision is made, complementing the pre-use notice under § 972.

Statutory Text

A. An employer that primarily relies on an ADS to make a discipline, termination, or deactivation decision shall provide the affected worker with written notice at the time such decision is made. The notice shall meet all of the following requirements: (1) Written in plain language as a separate, standalone communication. (2) In the language in which routine communications and other information are provided to workers. (3) Provided via a simple and easy-to-use method, including but not limited to an email, hyperlink, or other written format. B. A notice issued pursuant to Subsection A of this Section shall contain all of the following information: (1) The human individual to contact for more information about the decision and the ability to request a copy of the worker's own worker data relied on in the decision. (2) That the employer used an ADS to assist the employer in any discipline, termination, or deactivation decisions with respect to the worker. (3) That the worker has the right to request a copy of the worker's data used by the ADS. (4) That the employer is prohibited from retaliating against the worker for exercising his right pursuant to this Part. (5) The worker's right to appeal the decision as provided in R.S. 23:975.

H-01 Human Oversight of Automated Decisions · H-01.4 H-01.5 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:975(A)-(C)

Plain Language

Workers affected by ADS-assisted employment decisions have the right to appeal within 30 days of notification. The employer or vendor must provide an appeal form (physical or electronic) that allows the worker to: request the ADS input and output data, request the human reviewer's corroborating evidence, submit their reason for appeal with supporting evidence, and designate an authorized representative. The employer or vendor must respond within 14 business days through a human reviewer who: (1) can objectively evaluate all evidence, (2) has sufficient authority, discretion, and resources to evaluate the decision, and (3) has authority to overturn it. The reviewer must not have been involved in the original decision. The response must be a clear written document explaining the outcome and reasoning. If the decision is overturned, the employer must rectify it within 21 business days.

Statutory Text

A. If an employer has used an ADS to make an employment-related decision about a worker, the affected worker has the right to appeal that decision, request a human review, request submission of additional information, and correct any errors in the data used by the ADS. B. An employer or a vendor that used an ADS to make an employment-related decision shall provide an affected worker with a form or a hyperlink to an electronic form that provides that the worker has a right to appeal the decision within thirty days from the date that the worker was notified. The appeal form provided to an affected worker shall include all of the following: (1) The option to request access to the data used as input to or as output from the ADS. (2) The option to request access to any corroborating or supporting evidence provided by a human reviewer to verify output from the ADS. (3) The worker's reason or justification for an appeal and any evidence to support the appeal. (4) A designation for an authorized representative who can also access the data. C.(1) An employer or a vendor shall respond to an appeal within fourteen business days. (2)(a)(i) In responding to an appeal, the employer or vendor shall designate a human reviewer who shall meet all of the following requirements: (aa) He can objectively evaluate all evidence. (bb) He has sufficient authority, discretion, and resources to evaluate the decision. (cc) He has the authority to overturn the decision. (ii) The employer or vendor shall not designate a person who was involved in the decision that the worker is appealing. (b) The response provided to the worker shall be composed on a clear, written document which describes the result of the appeal and the reasons for that result. (3) If the human reviewer determines that the employment-related decision should be overturned, the employer or vendor shall rectify the decision within twenty-one business days.

G-03 Whistleblower & Anti-Retaliation Protections · G-03.3 · Deployer · EmploymentAutomated Decisionmaking

R.S. 23:977

Plain Language

Employers are prohibited from retaliating — through discharge, demotion, suspension, discrimination, or any other adverse action — against workers who exercise any right under this Part, file complaints with Louisiana Works, cooperate in investigations or prosecutions, or otherwise assist enforcement. This is a broad anti-retaliation provision covering every worker right established by the statute, including data access, appeal, and complaint-filing rights.

Statutory Text

An employer shall not discharge, threaten to discharge, demote, suspend, or discriminate or retaliate, in any manner, against any worker for using or attempting to exercise his rights pursuant to this Part, filing a complaint with Louisiana Works alleging a violation of this Part, cooperating in an investigation or prosecution of an alleged violation of this Part, or any action taken by the worker to invoke or assist in any manner for the enforcement of this Part, or for exercising or attempting to exercise any right protected pursuant to this Part.

Other · EmploymentAutomated Decisionmaking

R.S. 23:978

Plain Language

Parties covered by a collective bargaining agreement that explicitly waives this Part in clear and unambiguous terms are exempt from its provisions, provided the CBA also expressly addresses wages, working conditions, and other employment terms, and provides its own protection from algorithmic management. The waiver must be explicit — silence in a CBA does not constitute a waiver. This creates no new compliance obligation; it defines a scope exclusion for employers with qualifying CBAs.

Statutory Text

The provisions of this Part shall not apply to parties covered by a collective bargaining agreement if the agreement explicitly waives the provisions of this Part in clear and unambiguous terms, expressly provides for the wages or earnings, working conditions, and other terms and conditions of work, and provides protection from algorithmic management.

Other · EmploymentAutomated Decisionmaking

R.S. 23:976

Plain Language

Employers who comply with the notice requirements in this Part are excused from substantially similar ADS-related employment notice requirements under any other Louisiana state law. This is a coordination and de-duplication provision — it prevents duplicative compliance burdens but creates no new obligation of its own.

Statutory Text

An employer who complies with the notice requirements as required by this Part shall not be required to comply with any substantially similar notice provisions related to automated decisions systems used for employment-related decisions required by any other state law.

Other · EmploymentAutomated Decisionmaking

R.S. 23:976.1

Plain Language

This savings clause clarifies that the statute does not prevent employers from meeting their regulatory or contractual obligations related to federal government products or services. It creates no new compliance obligation — it preserves existing federal compliance pathways.

Statutory Text

Nothing in this Part shall prohibit an employer from complying with regulatory or contractual requirements concerning products or services for the federal government.

Other · EmploymentAutomated Decisionmaking

R.S. 23:979

Plain Language

Local city or parish ordinances that provide worker protections equal to or greater than this Part are not preempted. This is a floor preemption provision — the state statute sets a minimum standard, and local governments may exceed it. It creates no new compliance obligation.

Statutory Text

Nothing in this Part shall preempt any city or parish ordinance that provides equal or greater protection to workers who are covered pursuant to this Part.