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Regular Session, 2012
SENATE BILL NO. 63
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. 23:302(9), (10) and (11), and 331, relative3
to employment discrimination; to provide additional protected classes; to provide for4
definitions; to allow for dress and appearance requirements; to provide with respect5
to 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. 23:302(9), (10), and9
(11), and 331 are hereby enacted to read as follows:10
§302. Definitions11
For purposes of this Chapter and unless the content clearly indicates otherwise, the12
following terms shall have the following meanings ascribed to them:13
* * *14
(9) "Sexual orientation" means being or perceived as being heterosexual,15
homosexual, or bisexual.16
(10) "Gender identity" refers to a person's internal, deeply felt sense of17 SB NO. 63
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being either male or female.1
(11) "Gender expression" refers to all of the external characteristics and2
behaviors that are socially defined as either masculine or feminine, such as3
dress, mannerisms, speech patterns and social interactions.4
* * *5
PART IV. RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,6
GENDER IDENTITY, GENDER EXPRESSION, POLITICAL AFFILIATION,7
AND NATIONAL ORIGIN8
* * *9
§331. Prohibition of intentional discrimination or harassment10
A. No employer shall harass or discriminate in employment, including,11
but not limited to, hiring, promotion, tenure, recruitment, or compensation on12
the basis of race, color, religion, sex, sexual orientation, gender identity, gender13
expression, political ideas or affiliation or national origin against any individual.14
B. Each employer is authorized and directed to cooperate in the15
implementation of the provisions of this Section.16
C. Nothing in this Section shall be construed to prohibit any employer17
from establishing appropriate dress and appearance requirements for its18
employees, provided however, employers shall allow any employee to appear19
and dress in a manner consistent with the employee's gender identity or gender20
expression.21
Section 2. This Act shall become effective on August 1, 2012 ; if vetoed by the22
governor and subsequently approved by the legislature, this Act shall become effective on23
August 1, 2012 , or on the day following such approval by the legislature, whichever is later.24 SB NO. 63
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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 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 and political affiliation.
(Amends heading of Part IV of Chapter 3-A of Title 23; adds R.S. 23:302(9), (10) and (11)
and 331)