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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 637
BY REPRESENTATIVE LEGER
EMPLOYMENT: Provides with respect to employment discrimination and human rights
AN ACT1
To amend and reenact R.S. 23:368(E)(3)(c) and R.S. 51:2231(A) and (C) and 2256, relative2
to discrimination; to provide with respect to genetic discrimination; to provide with3
respect to discrimination in the workplace; to provide with respect to the Louisiana4
Commission on Human Rights and the Louisiana Workforce Commission; and to5
provide for related matters. 6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 23:368(E)(3)(c) is hereby amended and reenacted to read as follows:8
§368. Prohibition of genetic discrimination in the workplace; privacy9
* * *10
E. The following exceptions shall apply to the nondiscrimination11
requirements:12
* * *13
(3) Genetic monitoring of biological effects of toxic substances in the14
workplace shall be permitted if all of the following conditions are met:15
* * *16
(c) The monitoring conforms to any genetic monitoring regulations that may17
be promulgated by the executive director chairman of the Louisiana Workforce18
Commission on Human Rights.19
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HB NO. 637
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Section 2. R.S. 51:2231(A) and (C) and 2256 are hereby amended and reenacted to1
read as follows:2
§2231. Statement of purpose; limitation on prohibitions against discrimination3
because of age4
A. It is the purpose and intent of the legislature by this enactment to provide5
for execution within Louisiana of the policies embodied in the Federal Civil Rights6
Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of7
1967, as amended; and to assure that Louisiana has appropriate legislation8
prohibiting discrimination in public accommodations sufficient to justify the deferral9
of cases by the federal Equal Employment Opportunity Commission, the executive10
director of the Louisiana Workforce Commission, and the Department of Justice11
under those statutes; to safeguard all individuals within the state from discrimination12
because of race, creed, color, religion, sex, age, disability, or national origin in13
connection with employment as delineated in Chapter 3-A of Title 23 of the14
Louisiana Revised Statutes of 1950 and in connection with public accommodations;15
to protect their interest in personal dignity and freedom from humiliation; to make16
available to the state their full productive capacities in employment; to secure the17
state against domestic strife and unrest which would menace its democratic18
institutions; to preserve the public safety, health, and general welfare; and to further19
the interest, rights, and privileges within the state.20
* * *21
C. The Louisiana Commission on Human Rights shall have enforcement22
powers including adjudication of claims of discrimination prohibited by R.S. 23:312,23
323, and 332, sickle cell trait discrimination prohibited by R.S. 23:352, and24
discrimination because of pregnancy prohibited by R.S. 23:341 et seq R.S. 51:225625
and Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.26
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§2256. Conspiracy to violate this Chapter discrimination statutes unlawful 1
It shall be an unlawful practice for a person or for two or more persons to2
conspire:3
(1) To retaliate or discriminate in any manner against a person because he4
has opposed a practice declared unlawful by this Chapter or by Chapter 3-A of Title5
23 of the Louisiana Revised Statutes of 1950, or because he has made a charge, filed6
a complaint, testified, assisted, or participated in any manner in any investigation,7
proceeding, or hearing under this Chapter.8
(2) To aid, abet, incite, compel, or coerce a person to engage in any of the9
acts or practices declared unlawful by this Chapter or Chapter 3-A of Title 23 of the10
Louisiana Revised Statutes of 1950.11
(3) To obstruct or prevent a person from complying with the provisions of12
this Chapter or Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950 or13
any order issued thereunder.14
(4) To resist, prevent, impede, or interfere with the commission, or any of15
its members or representatives, in the lawful performance of duty under this Chapter16
or Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leger HB No. 637
Abstract: Provides with respect to human rights and discrimination.
Present law prohibits genetic discrimination in the workplace, which includes the discharge
of an employee, the failure to hire an applicant, or the discrimination against an employee
because of protected genetic information.
Present law provides exceptions to the nondiscrimination requirements which include the
use of information to assess whether further medical evaluation is needed, in cases where
the genetic condition could prevent the applicant or employee from performing essential job
functions, or for therapeutic purposes.
Present law permits the monitoring of the effects of certain toxic substances in the workplace
if the employee authorizes it, is notified when the results are available, and if the monitoring
conforms to genetic monitoring regulations as promulgated by the executive director of the
La. Workforce Commission. HLS 12RS-1264 ENGROSSED
HB NO. 637
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are additions.
Proposed law changes the person in charge of promulgating regulations for genetic
monitoring from the executive director of the La. Workforce Commission to the chairman
of the La. Commission on Human Rights.
Present law (R.S. 51:2231) provides that the state of La. intends to execute the policies
embodied in the federal Civil Rights Act and the Age Discrimination in Employment Act
to ensure the state has appropriate legislation to prohibit discrimination.
Present law provides that discrimination is prohibited in public accommodations sufficient
to justify the deferral of cases by the federal Equal Employment Opportunity Commission,
the executive director of the La. Workforce Commission, and the Dept. of Justice pursuant
to discrimination statutes.
Proposed law removes the executive director of the La. Workforce Commission.
Present law provides for safeguards from employment discrimination for all individuals
because of race, creed, color, religion, sex, age, disability, or national origin.
Proposed law deletes the language in present law and instead refers to present law (Chapter
3-A of Title 23 of the La. Revised Statutes(L.R.S.) of 1950) which is the employment
discrimination statutes, and changes other citations to refer to proposed law (R.S. 23:2256)
and to the discrimination statutes in Title 23 of the L.R.S. of 1950.
Present law (R.S. 23:2256) provides that it is unlawful to retaliate or discriminate against
someone because he has opposed a discriminatory practice according to present law.
Proposed law retains present law and adds the employment discrimination chapter of
present law (Title 23 of the L.R.S. of 1950).
Present law (Chapter 3-A of Title 23 of the L.R.S. of 1950) prohibits discrimination in
employment including discrimination for age, sex, disability, race, color, religion, national
origin, pregnancy, childbirth, other health conditions, sickle cell trait, and genetic
discrimination.
(Amends R.S. 23:368(E)(3)(c) and R.S. 51:2231(A) and (C) and 2256)