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)]
Badon HB No. 85
Abstract: Prohibits discrimination in state employment on the basis of sexual orientation,
gender identity, or gender expression.
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.
(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.
Proposed law provides for enforcement as follows:
(1)Provides that a classified state employee 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 and 12) 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 such rules and regulations as may be necessary to comply with proposed law.
(Amends R.S. 51:2231(C); Adds R.S. 42:1251-1253)