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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 211
BY SENATOR MORRELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STATE EMPLOYEES. Prohibits discrimination in state employment based upon sexual
identification. (8/15/11)
AN ACT1
To amend and reenact the heading of Part IV of Chapter 3-A of Title 23 of the Louisiana2
Revised Statutes of 1950, and to enact R.S. 23:331, relative to employment3
discrimination; to provide additional protected classes; to provide for definitions; to4
allow for dress and appearance requirements; to provide with respect to5
discrimination by the state and state agencies; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part IV of Chapter 3-A of Title 23 of the Louisiana Revised Statutes of8
1950, comprised of R.S. 23:332 is hereby amended and reenacted to read as follows: 9
PART IV. RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,10
GENDER IDENTITY OR EXPRESSION,11
POLITICAL AFFILIATION, AND NATIONAL ORIGIN12
ยง33l. Prohibition of intentional discrimination or harassment13
A. No state agency, department, office, commission, board, entity or14
officer of the state of Louisiana shall harass or discriminate in employment,15
including, but not limited to, hiring, promotion, tenure, recruitment, or16
compensation on the basis of race, color, religion, sex, sexual orientation, gender17 SB NO. 211
SLS 11RS-397 ORIGINAL
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identity or expression, political affiliation, or national origin against any1
individual.2
B. No state agency, department, office, commission, board, entity, or3
officer of the state of Louisiana shall harass or discriminate on the basis of race,4
color, religion, sex, sexual orientation, gender identity or expression, political5
affiliation, or national origin against any individual in the provision of any6
service or benefit by such agency, department, office, commission, board, entity,7
or officer of the state.8
C. For the purposes of this Section, the following terms shall have the9
following meanings, unless the context clearly indicates otherwise:10
(1) "Sexual orientation" means being or perceived as being11
heterosexual, homosexual, or bisexual.12
(2) "Gender identity or expression" means having or being perceived as13
having a gender-related self-identity, appearance, or behavior, whether or not14
associated with a person's assigned sex at birth, and the expression thereof.15
D. Each state agency, department, office, commission, board, entity or16
officer of the state of Louisiana or any political subdivision thereof is authorized17
and directed to cooperate in the implementation of the provisions of this18
Section.19
E. Nothing in this Section shall be construed to prohibit any state20
agency, department, office, commission, board, or entity from establishing21
appropriate dress and appearance requirements for its employees, provided,22
however, that the state agency, department, office, commission, board, or entity23
shall allow any employee to appear and dress in a manner consistent with the24
employee's gender identity or expression.25
Section 2. This Act shall become effective on August 15, 2011; if vetoed by the26
governor and subsequently approved by the legislature, the Act shall become effective on27
June 30, 2011, or the day following such approval by the legislature, whichever is later.28
29 SB NO. 211
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law provides with respect to employment discrimination or the basis of the following
classes:
1. Race
2. Color
3. Religion
4. Sex
5. National Origin
Proposed law provides that no state agency, department, office, commission, board, entity
or officer of the state shall discriminate or harass based upon the following suspect classes:
1. Race
2. Color
3. Religion
4. Sex
5. National origin
6. Sexual orientation
7. Gender identity or expression
8. Political affiliation
Proposed law provides that such discrimination or harassment shall apply to employment
and in the provision of any service or benefit.
Proposed law defines the terms "sexual orientation" and "gender identity or expression".
Proposed law provides that nothing in proposed law shall be construed to infringe upon the
power of a state agency, department, office, commission, board, entity, or officer of the state
to establish appropriate dress and appearance requirements for its employees.
Effective August 15, 2011.
(Adds R.S. 23:331)