Louisiana’s Prohibition on Compelled Speech for State and Local Government Employers and Employees (La. R.S. 23:333), by Mark Carver, Esq., 7-20-2026

On August 1, 2026, a new Louisiana law will take effect that prevents Louisiana state and local government employers from compelling speech related to pronouns, names, and biological sex.

The stated purpose of this law is to protect the First Amendment rights of state and local government employees and job applicants by preventing those government employers from compelling speech regarding names, pronouns, or sex that conflicts with an employee’s sincerely held beliefs.

This law applies only to Louisiana state and local government employers. It does not apply to private employers. Likewise, the law protects state and local government employees and applicants for government employment.

 What Does the Law Prohibit?

A state or local government employer may not:

• Require an employee to state or identify the employee’s own pronouns if doing so would require the employee to use pronouns that are inconsistent with the employee’s biological sex.
• Require an employee to use a name other than the employee’s legal name (or a derivative of it) in official employment records or communications.
• Require an employee, as a condition of employment, to address another employee or any other person by a name other than that person’s legal name (or a derivative of it).
• Require an employee, as a condition of employment, to address another employee or any other person using pronouns, salutations, titles, or honorifics that are inconsistent with that person’s biological sex.
• Take adverse employment action against an employee because the employee:
  • Refuses to identify the employee’s own pronouns;
  • Refuses to address another employee or any other person by a name other than that person’s legal name (or a derivative of it);
  • Refuses to address another employee or any other person using pronouns, salutations, titles, or honorifics that are inconsistent with that person’s biological sex; or
  • Uses pronouns that are consistent with a person’s biological sex.

What the Law Does Not Prohibit

The law protects government employees who choose to use pronouns consistent with a person’s biological sex. However, the law does not prevent government employees from voluntarily agreeing among themselves to use preferred names or pronouns. Public sector employees remain free to make those choices voluntarily, provided the government employer does not mandate or compel the request.

Thus, the law does not affirmatively command employees to use biological pronouns; rather, it prevents public employers from forcing compliance with preferred pronoun requests.

What’s Next?

This new law will almost certainly face rigorous legal challenges.  Some employees will view the statute as a crucial safeguard against compelled speech, while other employees fear the legislation will foster a hostile work environment by effectively authorizing misgendering.

Author: Mark Carver is a Partner in KD’s New Orleans office