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Regular Session, 2013
HOUSE BILL NO. 85
BY REPRESENTATIVE BADON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STATE EMPLOYEES: Prohibits discrimination in state employment based on sexual
identification
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 1253, relative to3
employment discrimination in state government; to prohibit discrimination in4
employment and employment opportunities on the basis of sexual orientation, gender5
identity, and gender expression; to provide for enforcement; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Chapter 16 of Title 42 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 42:1251 through 1253, is hereby enacted to read as follows:10
CHAPTER 16. UNIFORM EMPLOYMENT STANDARDS11
FOR STATE EMPLOYEES12
§1251. Definitions13
For purposes of this Chapter, the following terms shall have the following14
meanings unless the context clearly requires a different meaning:15
(1) "Gender expression" means all of the external characteristics or16
behaviors that are socially defined as either masculine or feminine, such as dress,17
mannerisms, speech patterns, and social interactions.18
(2) "Gender identity" means a person's internal, deeply felt sense of being19
either male or female.20 HLS 13RS-471 ORIGINAL
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(3) "Sexual orientation" means being or perceived as being heterosexual,1
homosexual, or bisexual.2
(4) "State employer" means any department, office, division, agency,3
commission, board, officer, or other organizational unit of the legislative, executive,4
or judicial branch of state government.5
§1252. Discrimination based on sexual orientation, gender identity, or gender6
expression; prohibited7
It shall be unlawful discrimination in employment for any state employer to8
subject employees to different standards of treatment or otherwise discriminate in9
employment on the basis of sexual orientation, gender identity, or gender expression.10
Employment shall include recruitment, opportunity for employment, hiring, firing,11
a disciplinary action of any kind, promotion, tenure, compensation paid, and any12
other term, condition, privilege, or status of an individual's employment.13
§1253. Enforcement14
A. An employee in the classified state civil service who is discriminated15
against in violation of this Chapter shall have the right to appeal to the State Civil16
Service Commission pursuant to Article X, Section 12 of the Constitution of17
Louisiana.18
B. Any state employee who is discriminated against in violation of this19
Chapter may seek redress under the Louisiana Employment Discrimination Law,20
R.S. 23:303 et seq.21
C. The Louisiana Commission on Human Rights shall have power to enforce22
this Chapter, including but not limited to power to adjudicate claims of23
discrimination pursuant to this Chapter.24
Section 2. R.S. 51:2231(C) is hereby amended and reenacted to read as follows:25
§2231. Statement of purpose; limitation on prohibitions against discrimination26
because of age27
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C. The Louisiana Commission on Human Rights shall have enforcement1
powers, including adjudication of claims of discrimination prohibited by R.S.2
23:312, 323, and 332, sickle cell trait discrimination prohibited by R.S. 23:352, and3
discrimination because of pregnancy prohibited by R.S. 23:341 et seq., and state4
employment discrimination prohibited by R.S. 42:1252.5
Section 3. All state departments and state employers are authorized and directed to6
adopt such rules and regulations as may be necessary to comply with the provisions of this7
Act.8
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
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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)