SLS 12RS-327 ORIGINAL Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 100 BY SENATOR MURRAY STATE EMPLOYEES. Prohibits discrimination in state employment based upon sexual identification. (8/1/12) 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. The heading of Part IV of Chapter 3-A of Title 23 of the Louisiana8 Revised Statutes of 1950, is hereby amended and reenacted and R.S. 23:331 is hereby9 enacted to read as follows:10 PART IV. RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,11 GENDER IDENTITY, GENDER EXPRESSION, AND NATIONAL ORIGIN12 * * *13 ยง331. Prohibition of intentional discrimination or harassment14 A. No state agency 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. 100 SLS 12RS-327 ORIGINAL Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. identity, gender expression, or national origin against any individual.1 B. Each state agency and each political subdivision thereof is authorized2 and directed to cooperate in the implementation of the provisions of this3 Section.4 C. Nothing in this Section shall be construed to prohibit any state agency5 from establishing appropriate dress and appearance requirements for its6 employees, provided however, employers shall allow any employee to appear7 and dress in a manner consistent with the employee's gender identity or gender8 expression.9 D. (1) "Sexual orientation" means being or perceived as being10 heterosexual, homosexual, or bisexual.11 (2) "Gender identity" refers to a person's internal, deeply felt sense of12 being either male or female.13 (3) "Gender expression" refers to all of the external characteristics and14 behaviors that are socially defined as either masculine or feminine, such as15 dress, mannerisms, speech patterns and social interactions.16 (4) "State agency" shall mean any department, office, division, agency,17 commission, board, officer or other organizational unit of state government. 18 Section 2. This Act shall become effective on August 1, 2012; if vetoed by the19 governor and subsequently approved by the legislature, this Act shall become effective on20 August 1, 2012 , or on the day following such approval by the legislature, whichever is later.21 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Lauren Bailey. DIGEST Present law prohibits employment discrimination on the basis of race, color, religion, sex and national origin. Proposed law retains present law and further prohibits employment discrimination on the basis of sexual orientation, gender identity, gender expression by any state agency. Effective August 1, 2012. (Amends heading of Part IV of Chapter 3-A of Title 23; adds R.S. 23:331)