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Regular Session, 2012
HOUSE BILL NO. 691
BY REPRESENTATIVE MORENO
STATE EMPLOYEES: Prohibits discrimination in state employment based upon sexual
orientation
AN ACT1
To amend and reenact R.S. 51:2231(C) and to enact Chapter 16 of Title 42 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 42:1251 through 1254, relative to3
employment discrimination in state government; to prohibit discrimination in4
employment and employment opportunities on the basis of sexual orientation; to5
provide for applicability and enforcement; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 16 of Title 42 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 42:1251 through 1254, is hereby enacted to read as follows:9
CHAPTER 16. UNIFORM EMPLOYMENT STANDARDS10
FOR STATE EMPLOYEES11
§1251. Definitions12
For purposes of this Chapter the following terms shall have the following13
meanings unless the context clearly requires a different meaning:14
(1) "Gender expression" means all of the external characteristics or15
behaviors that are socially defined as either masculine or feminine, such as dress,16
mannerisms, speech patterns, and social interactions.17
(2) "Gender identity" means a person's internal, deeply felt sense of being18
either male or female.19 HLS 12RS-649 ORIGINAL
HB NO. 691
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(3) "Sexual orientation" means being or perceived as being heterosexual,1
homosexual, or bisexual, or having or being perceived as having a gender-related2
self-identity, appearance, or behavior whether or not associated with a person's3
assigned sex at birth.4
(4) "State employer" means any department, office, division, agency,5
commission, board, officer, or other organizational unit of the legislative, executive,6
or judicial branch of state government. It shall not include municipalities, parishes,7
or other political subdivisions.8
§1252. Discrimination based on sexual orientation; prohibited9
It shall be unlawful discrimination in employment for any state employer to10
subject employees to different standards of treatment or otherwise discriminate in11
employment on the basis of sexual orientation. Employment shall include12
recruitment, opportunity for employment, hiring, firing, a disciplinary action of any13
kind, promotion, tenure, compensation paid, and any other term, condition. privilege,14
or status of an individual's employment.15
§1253. Applicability16
A. Each state employer shall cooperate in implementation of this Chapter.17
B. The provisions of this Chapter shall not be construed to:18
(1) Require a state employer to justify neutral practices that may result in a19
disparate impact against people of a particular sexual orientation, whether actual or20
perceived.21
(2) Require a state employer to adopt quotas or give preferential treatment22
to an individual on the basis of actual or perceived sexual orientation.23
(3) Preclude a state employer from adopting and implementing reasonable24
dress or appearance requirements that require employees to adhere to reasonable25
workplace appearance, grooming, and dress standards not precluded by other26
provisions of state or federal law; however, an employer shall allow any employee27
to appear and dress consistently with the employee's gender identity or gender28
expression.29 HLS 12RS-649 ORIGINAL
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(4) Require a state employer to provide any benefits to a partner of any1
employee who is not a legal spouse.2
§1254. Enforcement3
A. An employee in the classified state civil who is discriminated against in4
violation of this Chapter shall have the right to appeal to the State Civil Service5
Commission pursuant to Article X, Section 12 of the Constitution of Louisiana. 6
B. Any state employee who is discriminated against in violation of this7
Chapter may seek redress under the Louisiana Employment Discrimination Law,8
R.S. 23:303, et. seq.9
C. The Louisiana Commission on Human Rights shall have power to enforce10
this Chapter, including but not limited to power to adjudicate claims of11
discrimination pursuant to this Chapter.12
* * *13
Section 2. R.S. 51:2231(C) is hereby amended and reenacted to read as follows:14
§2231. Statement of purpose; limitation on prohibitions against discrimination15
because of age16
* * *17
C. The Louisiana Commission on Human Rights shall have enforcement18
powers including adjudication of claims of discrimination prohibited by R.S. 23:312,19
323, and 332, sickle cell trait discrimination prohibited by R.S. 23:352, and20
discrimination because of pregnancy prohibited by R.S. 23:341 et seq., and state21
employment discrimination prohibited by R.S. 42:1252.22
Section 3. All state departments and state employers are authorized and directed to23
adopt, prior to October 1, 2012, such rules and regulations as may be necessary to comply24
with the provisions of this Act.25
Section 4(A). The provisions of Sections 1 and 2 of this Act shall become effective26
on October 1, 2012. 27
(B) The provisions of this Section and of Section 3 of this Act shall become effective28
upon signature by the governor or, if this Act is not signed by the governor, upon expiration29 HLS 12RS-649 ORIGINAL
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of the time for bills to become law without signature by the governor, as provided by Article1
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and2
subsequently approved by the legislature, this Section and of Section 3 of this Act shall3
become effective on the day following such approval.4
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)]
Moreno HB No. 691
Abstract: Prohibits discrimination in state employment on the basis of sexual orientation.
Proposed law provides that it shall be unlawful discrimination in employment for any state
employer to subject employees to different standards of treatment or otherwise discriminate
in employment, on the basis of sexual orientation. Provides that employment includes
recruitment, opportunity for employment, hiring, firing, a disciplinary action of any kind,
promotion, tenure, compensation paid, and any other term, condition, privilege, or status of
an individual's employment.
Proposed law includes the following definitions:
(1)Gender expression - all of the external characteristics or behaviors that are socially
defined as either masculine or feminine, such as dress, mannerisms, speech patterns,
and social interactions.
(2)Gender identity - a person's internal, deeply felt sense of being either male or female.
(3)Sexual orientation - being or perceived as being heterosexual, homosexual, or
bisexual, or having or being perceived as having a gender-related self-identity,
appearance, or behavior whether or not associated with a person's assigned sex at
birth.
(4)State employer - any department, office, division, agency, commission, board,
officer, or other organizational unit of the legislative, executive, or judicial branch
of state government. It shall not include municipalities, parishes, or other political
subdivisions.
Proposed law does not:
(1)Require employers to justify neutral practices that may result in a disparate impact
against people of a particular sexual orientation, whether actual or perceived.
(2)Require employers to adopt quotas or give preferential treatment to an individual on
the basis of actual or perceived sexual orientation.
(3)Preclude the adoption or implementation of reasonable dress or appearance
requirements that require employees to adhere to reasonable workplace appearance,
grooming, and dress standards not precluded by other provisions of state or federal
law; however, requires an employer to allow any employee to appear and dress
consistently with the employee's gender identity or gender expression. HLS 12RS-649 ORIGINAL
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(4)Require employers to provide any benefits to the partner of any employee who is not
a legal spouse.
Proposed law provides for enforcement as follows:
(1)Provides that a classified state employe e who is discriminated against in violation
of proposed law has the right to appeal to the State Civil Service Commission
pursuant to Const. Art. X, §12. Present constitution (Art. X, §§8 and12) grants the
right of appeal to the State Civil Service Commission to a state employee for
discrimination by the employer because of religious or political beliefs, sex, or race
and provides for hearing and decisions in such cases. Provides for appeal of
commission decisions in such decisions to the First Circuit Court of Appeal.
(2)Provides that a state employee who is discriminated against in violation of proposed
law may file suit as authorized by R.S. 23:303.
[Present law (R.S. 23:301 et seq.) provides relative to discrimination in employment
(public and private) and includes provisions authorizing a plaintiff who has a cause
of action for prohibited discrimination to file a civil suit in a district court seeking
compensatory damages, back pay, benefits, reinstatement, or if appropriate, front
pay, reasonable attorney fees, and court costs; requires that a plaintiff found to have
brought a frivolous claim shall be held liable for reasonable damages incurred as a
result of the claim, reasonable attorney fees, and court costs; provides that the
plaintiff give written notice of intention to pursue court action to the person who has
allegedly discriminated at least 30 days before initiating court action with details of
the alleged discrimination and requires both parties to make a good faith effort to
resolve the dispute prior to initiating court action; and provides for a prescriptive
period of one year to file suit.]
(3)Provides that the La. Commission on Human Rights shall have power to enforce
proposed law, including but not limited to power to adjudicate claims of
discrimination pursuant to proposed law.
Proposed law provides that all state departments and state employers are authorized and
directed to adopt, prior to Oct. 1, 2012, such rules and regulations as may be necessary to
comply with the Act.
Effective Oct. 1, 2012, except provision for adoption of implementing rules is effective upon
signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 51:2231(C); Adds R.S. 42:1251-1254)