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Regular Session, 2014
HOUSE BILL NO. 199
BY REPRESENTATIVE BADON
DISCRIMINATION: Provides relative to discrimination
AN ACT1
To amend and reenact R.S. 4:193(B), R.S. 9:3583, R.S. 12:1041(A), R.S. 14:107.2(A) and2
326(C), R.S. 15:1204.2(B)(4) and 1402(A), R.S. 17:111, 158(F), 1676(D),3
2053(D)(3), 3402(A), and 3991(B)(3), R.S. 22:1452(C)(25), 1454(A), and4
1964(7)(f), R.S. 23:332 and 2043(B)(1), R.S. 27:27.2(B) and 27.4, R.S. 37:1025(B),5
1107(C), 1360.23(I), 1437(D), 1455(A)(28), 2654(C)(1), 2719, 3425(C), and6
3447(C), R.S. 38:2315, R.S. 39:1411, R.S. 40:1232(C), 2113.4(A), 2113.6(A)(1) and7
(B), 2120.35(B)(5), 2125(B), 2403(H)(1), and 2504, R.S. 46:437.11(A), 1104, 1134,8
1154, 1407(B)(1)(e)(introductory paragraph) and (F), 1995, and 2205, R.S. 47:37(C)9
and 287.755(C), R.S. 48:274.1(C), R.S. 49:145 and 146(A)(1), and R.S. 51:2231(A),10
2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2),11
2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5), 2607(A) and12
(C), and 2608 and to enact R.S. 23:302(9) and (10), relative to discrimination; to13
expand the application of various provisions relative to discrimination by adding14
additional criteria, including gender identity or expression and sexual orientation15
and, in some cases, age, sex, or disability; to define terms for purposes of the16
Louisiana Employment Discrimination Law and for unlawful discrimination in17
employment; to provide for the definition of hate crimes; to remove certain activities18
from provisions for the attorney general to institute civil proceedings against certain19
corporations; and to provide for related matters.20 HLS 14RS-766 ORIGINAL
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 4:193(B) is hereby amended and reenacted to read as follows:2
§193. Categories of persons subject to exclusion and ejection; civil liberties3
* * *4
B. No person may be excluded or ejected on account of race, color, creed,5
sexual orientation, gender identity or expression, national origin, ancestry, disability,6
as defined in R.S. 51:2232(11), or gender.7
* * *8
Section 2. R.S. 9:3583 is hereby amended and reenacted to read as follows:9
§3583. Discrimination prohibited10
A. It shall be unlawful for any extender of credit to refuse to extend credit11
to any major or emancipated minor solely because of that person's race, color,12
religion, national origin, sex, age, sexual orientation, gender identity or expression,13
disability, or marital status.14
B. It shall also be unlawful for any extender of credit to require any major15
or emancipated minor to meet credit qualification standards not required of other16
persons similarly situated.17
Section 3. R.S. 12:1041(A) is hereby amended and reenacted to read as follows:18
§1041. Suppression of criminally operated businesses by domestic and foreign19
corporations; proceedings20
A. The attorney general is authorized to institute civil proceedings against21
any domestic corporation to procure a judgment annulling, vacating or forfeiting its22
articles of incorporation and franchise, and against any foreign corporation to revoke23
its certificate of authority to transact business in this state when:24
1. Any of the corporation officers or any other person controlling the25
management or operation of such corporation, with the knowledge of the president26
and a majority of the board of directors or under such circumstances that the27
president and a majority of the directors should have knowledge, is a person or28
persons engaged in activities such as organized violent revolutionary or unlawful29 HLS 14RS-766 ORIGINAL
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activity aimed at the overthrow of the government of the State of Louisiana or any1
of its political subdivisions, or any boards, commissions, agency or official of either,2
or any unlawful activity aimed at organized homosexuality, organized crimes against3
nature, organized prostitution, organized gambling, organized narcotics, organized4
extortion or organized embezzlement, or who is connected directly or indirectly with5
organizations, syndicates , or criminal societies engaged in any of these; or6
2. A director, officer, employee, agent or stockholder acting for, through or7
on behalf of such corporation has, in conducting the corporation's affairs, purposely8
engaged in a persistent course of violent revolutionary or unlawful activity aimed at9
the overthrow of the government of the State of Louisiana or any of its political10
subdivisions, or any boards, commissions, agency, or official or any unlawful11
activity aimed at homosexuality, crimes against nature, intimidation and coercion,12
bribery, prostitution, gambling, extortion, embezzlement, unlawful sale of narcotics13
or other illegal conduct, with the knowledge of the president and majority of the14
board of directors or under such circumstances that the president and a majority of15
the directors should have knowledge, with the intent to compel or induce other16
persons, firms, or corporations to deal with such corporation or engage in any such17
illegal conduct, and18
3. For the prevention of future illegal conduct of the same character, the19
public interest requires the charter of the corporation to be annulled, vacated, or20
forfeited and the corporation to be dissolved or the certificate of authority to transact21
business in this state revoked.22
* * *23
Section 4. R.S. 14:107.2(A) and 326(C) are hereby amended and reenacted to read24
as follows:25
§107.2. Hate crimes26
A. It shall be unlawful for any person to select the victim of the following27
offenses against person and property because of actual or perceived race, age,28
gender, gender identity or expression, religion, color, creed, disability, sexual29 HLS 14RS-766 ORIGINAL
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orientation, national origin, or ancestry of that person or the owner or occupant of1
that property or because of actual or perceived membership or service in, or2
employment with, an organization: first or second degree murder; manslaughter;3
battery; aggravated battery; second degree battery; aggravated assault with a firearm;4
terrorizing; mingling harmful substances; simple, forcible, or aggravated rape; sexual5
battery, second degree sexual battery; oral sexual battery; carnal knowledge of a6
juvenile; indecent behavior with juveniles; molestation of a juvenile or a person with7
a physical or mental disability; simple, second degree, or aggravated kidnapping;8
simple or aggravated arson; placing combustible materials; communicating of false9
information of planned arson; simple or aggravated criminal damage to property;10
contamination of water supplies; simple or aggravated burglary; criminal trespass;11
simple, first degree, or armed robbery; purse snatching; extortion; theft; desecration12
of graves; institutional vandalism; or assault by drive-by shooting.13
* * *14
§326. Processions, marches, parades, or demonstrations; permits; liability; bond;15
exemptions; penalty16
* * *17
C. The provisions of this Section shall apply to all groups, associations, or18
organizations regardless of race, creed, age, sex, sexual orientation, gender identity19
or expression, disability, as defined in R.S. 51:2232(11), color, or political beliefs20
of its members; however, nothing contained herein shall apply to a bona fide21
legitimate labor organization or professional firefighter or police association or to22
any lawful activity of a labor union permitted by law, nor shall these provisions23
apply to any procession or parade directly held or sponsored by the governing24
authority of any municipality or the governing authority of any parish, nor shall these25
provisions apply to any procession, march, or parade directly held or sponsored by26
a bona fide organization specifically for the celebration of Mardi Gras and/or directly27
related prelenten or carnival festivities, school parades or other functions, parish28
parades or other functions, state, parish, or municipal fairs or other such related29 HLS 14RS-766 ORIGINAL
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activities. However, the provisions of this Section shall apply only to parishes with1
a population of more than four hundred fifty thousand.2
* * *3
Section 5: R.S. 15:1204.2(B)(4) and 1402(A) are hereby amended and reenacted to4
read as follows:5
§1204.2. Creation of system; functions; powers; duties6
* * *7
B. The system, by and through the commission, shall have the following8
functions, powers, and duties:9
* * *10
(4) To prepare and distribute, to all such persons and agencies, forms to be11
used in reporting data to the system. The forms shall provide for information12
regarding crimes which are directed against individuals or groups, or their property,13
by reason of their actual or perceived race, age, gender, gender identity or14
expression, religion, color, creed, disability, sexual orientation, national origin, or15
ancestry or by reason of their actual or perceived membership or service in, or16
employment with, an organization as defined in R.S. 14:107.2. The forms shall also17
provide for other items of information needed by federal and state bureaus or18
departments engaged in the development of national and state statistics.19
* * *20
§1402. Legislative findings and declaration21
A. The legislature hereby finds and declares that it is the right of every22
person, regardless of race, color, creed, religion, national origin, sex, sexual23
orientation, gender identity or expression, age, or handicap disability, to be secure24
and protected from fear, intimidation, and physical harm caused by the activities of25
violent groups and individuals. It is not the intent of this Chapter to interfere with26
the constitutional exercise of the protected rights of freedom of expression and27
association. The legislature hereby recognizes the right of every citizen to harbor28
and constitutionally express beliefs on any lawful subject whatsoever, to associate29 HLS 14RS-766 ORIGINAL
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lawfully with others who share similar beliefs, to petition lawfully constituted1
authority for a redress of perceived grievances, and to participate in the electoral2
process.3
* * *4
Section 6. R.S. 17:111, 158(F), 1676(D), 2053(D)(3), 3402(A), and 3991(B)(3) are5
hereby amended and reenacted to read as follows:6
§111. Discrimination in public schools prohibited; pupil assignment; religious7
educational institutions8
A. No person shall be refused admission into or be excluded from any public9
school in the state of Louisiana on account of race, creed, color, sex, sexual10
orientation, gender identity or expression, disability, as defined in R.S. 51:2232(11),11
or national origin.12
B. Except with the express approval of a board of education or school board13
having jurisdiction, a majority of the members of such board having been elected,14
no student shall be assigned or compelled to attend any school on account of race,15
creed, color, sexual orientation, gender identity or expression, disability, or national16
origin, or for the purpose of achieving equality in attendance or increased attendance17
or reduced attendance, at any school, of persons of one or more particular races,18
creeds, colors, sexual orientations, gender identities or expressions, disabilities, or19
national origins, and no school district, school zone or attendance unit, by whatever20
name known, shall be established, reorganized, or maintained for any such purpose,21
provided that nothing contained in this section Section shall prevent the assignment22
of a pupil in the manner requested or authorized by his parents or guardian, and23
provided further that nothing in this Act shall be deemed to affect, in any way, the24
right of a religious or denominational educational institution to select its pupils25
exclusively or primarily from members of such religion or denomination or from26
giving preference to such selection to such members or to make such selection to its27
pupils as is calculated to promote the religious principle for which it is established.28
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§158. School buses for transportation of students; employment of bus operators;1
alternative means of transportation; improvement of school bus turnarounds2
* * *3
F. The provisions of this Section shall apply to eligible public and nonpublic4
school students. However, these provisions shall not apply to any student or the5
parent or tutor of any student who attends a school which discriminates on the basis6
of race, creed, color, sex, sexual orientation, gender identity or expression, or7
national origin.8
* * *9
§1676. Recipients and awards of scholarships10
* * *11
D. Scholarship awards shall be made without regard to the applicant's race,12
disability, as defined in R.S. 51:2232(11), creed, color, sex, sexual orientation,13
gender identity or expression, national origin, or ancestry; and in making scholarship14
awards, the department shall provide a fair and equitable geographical distribution15
of the awards and shall treat all approved institutions of higher education in a fair16
and equitable manner.17
* * * 18
§2053. Payments to independent institutions of higher learning for educating19
Louisiana residents20
* * *21
D. As used in this Section, the term "eligible institutions" shall mean22
Centenary College, Dillard University, Our Lady of Holy Cross College, Louisiana23
College, Loyola University, Our Lady of the Lake College, St. Joseph Seminary24
College, Tulane University, and Xavier University, all in Louisiana. In order to25
qualify for payments made by the Board of Regents under this Section, eligible26
institutions shall:27
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(3) Admit students without regard to race, religion, color, sex, sexual1
orientation, gender identity or expression, disability, or national origin.2
* * *3
§3402. Minimum requirements for school certification; admission policies;4
environment; program5
The minimum requirements for certification as a Montessori school shall be6
as follows:7
A. Admission policies8
All admissions in a Montessori school shall be open to all persons of all9
races, creeds, sex, sexual orientation, gender identity or expression, or color, and to10
all persons with disabilities as defined in R.S. 51:2232(11).11
* * * 12
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation13
* * *14
B. Each proposed charter shall contain or make provision for the following:15
* * *16
(3) Admission requirements, if any, that are consistent with the school's role,17
scope, and mission may be established pursuant to rules promulgated by the state18
board. Such admission requirements shall be specific and shall include a system for19
admission decisions which precludes exclusion of pupils based on race, religion,20
gender, ethnicity, sexual orientation, gender identity or expression, national origin,21
intelligence level as ascertained by an intelligence quotient examination, or22
identification as a student with an exceptionality as defined in R.S. 17:1942(B).23
Such admission requirements may include, however, specific requirements related24
to a school's mission such as auditions for schools with a performing arts mission or25
proficiency in a foreign language for schools with a language immersion mission.26
Any school which was chartered prior to July 1, 2012, and which incorporated27
achievement of a certain academic record as part of its admission requirements may28 HLS 14RS-766 ORIGINAL
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continue to utilize such admission requirements. No local board shall assign any1
pupil to attend a charter school.2
* * *3
Section 7. R.S. 22:1452(C)(25), 1454(A), and 1964(7)(f) are hereby amended and4
reenacted to read as follows:5
§1452. Purpose of rate regulation; construction; definitions6
* * *7
C. As used in this Subpart, the following definitions shall be applicable:8
* * *9
(25) "Unfairly discriminatory" means not capable of being actuarially10
justified or based on race, color, creed, age, sex, sexual orientation, gender identity11
or expression, disability, or national origin. It does not refer to rates that produce12
differences in premiums for policyholders with different loss exposures, so long as13
the rate is actuarially justified and reflects such differences with reasonable accuracy.14
* * *15
§1454. Rating standards and methods16
A. Rates shall not be inadequate or unfairly discriminatory in a competitive17
market. Rates shall not be excessive, inadequate, or unfairly discriminatory in a18
noncompetitive market. Risks may be classified using any criteria except that no19
risk shall be classified on the basis of race, color, creed, sex, sexual orientation,20
gender identity or expression, disability, or national origin.21
* * *22
§1964. Methods, acts, and practices which are defined as unfair or deceptive23
The following are declared to be unfair methods of competition and unfair24
or deceptive acts or practices in the business of insurance:25
* * *26
(7) Unfair discrimination.27
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(f) Refusing to insure, refusing to continue to insure, or limiting the amount1
of coverage available to an individual solely because of the sex, marital status, race,2
religion, age, sexual orientation, gender identity or expression, disability, or national3
origin of the individual. However, nothing in this Subsection shall prohibit an4
insurer from taking marital status into account for the purpose of defining persons5
eligible for dependent benefits. Nothing in this Section shall prohibit or limit the6
operation of fraternal benefit societies.7
* * *8
Section 8. R.S. 23:332 and 2043(B)(1) are hereby amended and reenacted and R.S.9
23:302(9) and (10) are hereby enacted to read as follows:10
§302. Definitions11
For purposes of this Chapter and unless the context clearly indicates12
otherwise, the following terms shall have the following meanings ascribed to them:13
* * *14
(9) "Sexual orientation" means an individual's actual or perceived15
heterosexuality, homosexuality, or bisexuality.16
(10) "Gender identity or expression" means a gender-related identity,17
appearance, expression, or behavior of a person, regardless of the person's assigned18
sex at birth.19
* * *20
§332. Intentional discrimination in employment21
A. It shall be unlawful discrimination in employment for an employer to22
engage in any of the following practices:23
(1) Intentionally fail or refuse to hire or to discharge any individual, or24
otherwise to intentionally discriminate against any individual with respect to his25
compensation, or his terms, conditions, or privileges of employment, because of the26
individual's race, color, religion, sex, age, sexual orientation, gender identity or27
expression, or national origin.28 HLS 14RS-766 ORIGINAL
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(2) Intentionally limit, segregate, or classify his employees or applicants for1
employment in any way which would deprive or tend to deprive any individual of2
employment opportunities, or otherwise adversely affect his status as an employee,3
because of the individual's race, color, religion, sex, age, sexual orientation, gender4
identity or expression, or national origin.5
B. It shall be unlawful discrimination in employment for an employment6
agency to intentionally fail or refuse to refer for employment, or otherwise to7
intentionally discriminate against, any individual because of his race, color, religion,8
sex, or national origin, or to intentionally classify or refer for employment any9
individual on the basis of his race, color, religion, sex, age, sexual orientation, gender10
identity or expression, or national origin.11
C. It shall be unlawful discrimination in employment for a labor organization12
to engage in any of the following practices:13
(1) Intentionally exclude or intentionally expel from its membership, or14
otherwise intentionally discriminate against, any individual because of his race,15
color, religion, sex, age, sexual orientation, gender identity or expression, or national16
origin.17
(2) Intentionally limit, segregate, or classify its membership or applicants for18
membership, or intentionally classify or fail or refuse to refer for employment any19
individual in any way which would deprive or tend to deprive any individual of20
employment opportunities, or would limit such employment opportunities, or21
otherwise adversely affect his status as an employee or as an applicant for22
employment, because of such individual's race, color, religion, sex, age, sexual23
orientation, gender identity or expression, or national origin.24
(3) Intentionally cause or attempt to cause an employer to discriminate25
against an individual in violation of this Section.26
D. It shall be unlawful discrimination in employment for any employer, labor27
organization, or joint labor-management committee controlling apprenticeship or28
other training or retraining, including on-the-job training programs, to discriminate29 HLS 14RS-766 ORIGINAL
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against any individual because of his race, color, religion, sex, age, sexual1
orientation, gender identity or expression, or national origin in admission to, or2
employment in, any program established to provide apprenticeship or other training.3
E. It shall be unlawful discrimination in employment for an employer,4
employment agency, labor organization, or joint labor-management committee5
controlling apprenticeship or other training or retraining, including on-the-job6
training programs, to print or publish, or cause to be printed or published, any notice7
or advertisement relating to employment by an employer or membership in or any8
classification or referral for employment by a labor organization, or relating to any9
classification or referral for employment by an employment agency, or relating to10
admission to, or employment in, any program established to provide apprenticeship11
or other training by a joint labor-management committee, indicating any preference,12
limitation, specification, or discrimination based on race, color, religion, sex, age,13
sexual orientation, gender identity or expression, or national origin. However, a14
notice or advertisement may indicate a preference, limitation, specification, or15
discrimination based on religion, sex, or national origin when religion, sex, age,16
sexual orientation, gender identity or expression, or national origin is a bona fide17
occupational qualification for employment.18
F. It shall be unlawful discrimination in employment for an insurer to engage19
in any of the following practices:20
(1) Intentionally fail or refuse to appoint or to discharge any insurance agent,21
or otherwise to intentionally discriminate against any insurance agent with respect22
to his compensation, terms, conditions, or privileges of employment, because of the23
insurance agent's race, color, religion, sex, age, sexual orientation, gender identity24
or expression, or national origin.25
(2) Intentionally limit, segregate, or classify his insurance agents or26
applicants for an insurance agent in any way which would deprive or tend to deprive27
any insurance agent or applicant of employment opportunities, or otherwise28
adversely affect his status as an insurance agent or applicant because of the insurance29 HLS 14RS-766 ORIGINAL
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agent's or applicant's race, color, religion, sex, age, sexual orientation, gender1
identity or expression, or national origin.2
G. Nothing contained in this Section shall be construed so as to create a3
cause of action against an employer, employment agency, labor organization, or4
insurer for employment practices pursuant to any affirmative action plan.5
H. Notwithstanding any other provision of this Section, it shall not be6
unlawful discrimination in employment for:7
(1) An employer to hire and employ employees, for an employment agency8
to classify or refer for employment any individual, for a labor organization to9
classify its membership or to classify or refer for employment any individual, or for10
an employer, labor organization, or joint labor-management committee controlling11
apprenticeship or other training or retraining programs to admit or employ any12
individual in any such program on the basis of his religion, sex, age, sexual13
orientation, gender identity or expression, or national origin in those certain instances14
where religion, sex, age, sexual orientation, gender identity or expression, or national15
origin is a bona fide occupational qualification reasonably necessary for the normal16
operation of that particular business or enterprise.17
(2) A school, college, university, or other educational institution or18
institution of learning to hire and employ employees of a particular religion if such19
school, college, university, or other educational institution or institution of learning20
is, in whole or in substantial part, owned, supported, controlled, or managed by a21
particular religion or by a particular religious corporation, association, or society, or22
if the curriculum of the school, college, university, or other educational institution23
or institution of learning is directed toward the propagation of a particular religion.24
(3) An employer to apply different standards of compensation or different25
terms, conditions, or privileges of employment pursuant to a bona fide seniority or26
merit system, or a system which measures earnings by quantity or quality of27
production, or to employees who work in different locations, provided that such28
differences are not the result of an intention to discriminate because of race, color,29 HLS 14RS-766 ORIGINAL
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religion, sex, age, sexual orientation, gender identity or expression, or national1
origin.2
(4) An employer to give and to act upon the results of any professionally3
developed ability test, provided that such test, its administration, or action upon the4
results is not designed, intended, or used to discriminate because of race, color,5
religion, sex, age, sexual orientation, gender identity or expression, or national6
origin.7
* * *8
§2043. Members9
* * *10
B.(1) In making the appointments, the governor shall, as nearly as11
practicable, appoint members in a manner that is representative of the population of12
the regions of the state and shall consider factors including but not limited to race,13
color, religion, gender, age, sexual orientation, gender identity or expression,14
disability, and national origin.15
* * *16
Section 9. R.S. 27:27.2(B) and 27.4 are hereby amended and reenacted to read as17
follows:18
§27.2. Board designated excluded persons19
* * *20
B. The board and the division shall have the authority to place persons on the21
excluded list. The board or division may not place a person on the list required by22
this Section due to the person's race, color, creed, national origin, sex, sexual23
orientation, gender identity or expression, or disability, as defined in R.S.24
51:2232(11).25
* * *26
§27.4. Exclusion or ejection of persons27
A. Any licensee, permittee, or the casino gaming operator may exclude or28
eject any person for any reason, except race, color, creed, national origin, sex, sexual29 HLS 14RS-766 ORIGINAL
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orientation, gender identity or expression, or disability as defined in R.S.1
51:2232(11).2
B. Any licensee or casino gaming operator licensed pursuant to the3
provisions of this Title, and any employee of a licensee or casino gaming operator4
shall not be liable for any monetary damages or any other remedy in any judicial5
proceeding as a result of the exclusion or removal of any person for any reason,6
except race, color, creed, national origin, sex, sexual orientation, gender identity or7
expression, or disability as defined in R.S. 51:2232(11).8
Section 10. R.S. 37:1025(B), 1107(C), 1360.23(I), 1437(D), 1455(A)(28),9
2654(C)(1), 2719, 3425(C), and 3447(C) are hereby amended and reenacted as follows:10
§1025. Qualifications of applicants to the drug administration course11
* * *12
B. There will be no discrimination in selection of medication attendants for13
reason of race, color, creed, religion, age, sex, sexual orientation, gender identity or14
expression, disability as defined in R.S. 51:2232(11), or national origin.15
* * *16
§1107. Requirements for licensed professional counselor; temporary license or17
registration; renewal of license or registration18
* * *19
C. No license shall be denied any applicant based upon the applicant's race,20
religion, creed, national origin, sex, age, sexual orientation, gender identity or21
expression, or disability or physical impairment.22
* * *23
§1360.23. Powers and duties of the board24
* * *25
I. The board shall ensure that applicants for the program shall not be26
discriminated against due to race, color, creed, age, sex, sexual orientation, gender27
identity or expression, disability, as defined in R.S. 51:2232(11), or national origin.28
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§1437. Application for license1
* * *2
D. Every applicant for a license shall submit a sworn statement attesting that3
he has knowledge of and understands the provisions of the Fair Housing Act of 19684
and the Louisiana Equal Housing Opportunity Act, and any amendments thereto or5
any successor legislation subsequently following, and that he shall not induce or6
attempt to induce any person to sell or rent any dwelling by representations regarding7
the entry or prospective entry into an area, subdivision, or neighborhood of a person8
or persons of a particular race, color, religion, age, sex, sexual orientation, gender9
identity or expression, disability, or national origin.10
* * *11
§1455. Causes for censure, suspension, or revocation of license, registration, or12
certification13
A. The commission may censure a licensee, registrant, or certificate holder14
or conditionally or unconditionally suspend or revoke any license, registration, or15
certificate issued under this Chapter, levy fines or impose civil penalties not to16
exceed five thousand dollars, or impose continuing education requirements on17
licensees, registrants, or certificate holders if, in the opinion of the commission, a18
licensee, registrant, or certificate holder is performing or attempting to perform or19
has performed or has attempted to perform any of the following acts:20
* * *21
(28) Having been finally adjudicated and found guilty for refusing, because22
of race, color, national origin, sex, age, sexual orientation, gender identity or23
expression, disability, or ethnic group, to show, sell, or rent any real estate for sale24
or rent to qualified purchasers or renters or for any violation of the Fair Housing Act25
of 1968 or the Louisiana Equal Housing Opportunity Act and/or including any26
amendments thereto or any successor legislation subsequently following.27
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§2654. Board of examiners; creation; membership; appointment; terms; chair;1
quorum2
* * *3
C.(1) Appointment to the board shall be made without regard to race, creed,4
sex, religion, sexual orientation, gender identity or expression, disability, or national5
origin of the appointee. The Louisiana Speech-Language-Hearing Association shall,6
within not less than thirty days prior to the expiration of each term of office, submit7
to the governor a list of at least three names for each respective professional service8
category of board member, except the physician member and the public member,9
selected by all licensed speech-language pathologists and audiologists in this state,10
from which the governor shall make his appointment to fill the office for the next11
succeeding term.12
* * *13
§2719. Discrimination14
No license, certificate, or registration shall be denied any applicant based15
upon the applicant's race, religion, creed, national origin, sex, age, sexual orientation,16
gender identity or expression, or physical impairment so long as the physical17
impairment does not interfere with the performance of professional duties or18
disability.19
* * *20
§3425. Qualifications for licensure; renewal21
* * *22
C. No license shall be denied any applicant based upon the applicant's race,23
religion, creed, national origin, sex, age, sexual orientation, gender identity or24
expression, or physical impairment or disability.25
* * *26
§3447. Requirements for licensed professional vocational counselor; renewal of27
license28
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C. No license shall be denied any applicant based upon the applicant's race,1
religion, creed, national origin, sex, age, sexual orientation, gender identity or2
expression, or or physical impairment disability.3
Section 11. R.S. 38:2315 is hereby amended and reenacted to read as follows:4
§2315. Equal opportunity5
Every person shall be guaranteed equal employment opportunities in the6
selection of persons for professional services and such selection of persons for7
professional services and such selection shall not discriminate against any person8
because of race, religion, national ancestry, age, sex, sexual orientation, gender9
identity or expression, or physical condition disability. If any person or persons10
violates the provisions of this section Section, they shall be subject to the same11
penalties as provided in R.S. 38:2314(A).12
Section 12. R.S. 39:1411 is hereby amended and reenacted to read as follows:13
§1411. No state assistance for discriminatory programs14
No person in the State of Louisiana shall, on the ground of race, color,15
religion, age, sex, sexual orientation, gender identity or expression, disability, or16
national origin, be excluded from participation in, be denied the benefits of, or be17
subjected to discrimination under any program or activity receiving state financial18
assistance.19
Section 13. R.S. 40:1232(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5),20
2125(B), 2403(H)(1), and 2504 are hereby amended and reenacted to read as follows:21
§1232. Emergency medical personnel training; licensure22
* * *23
C. The bureau shall affirmatively provide that there is no discrimination24
toward any individual in the licensure process on the basis of race, religion, creed,25
national origin, sex, sexual orientation, gender identity or expression, disability, or26
age.27
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§2113.4. Duty to provide services; penalty1
A. Any general hospital licensed under this Part, which is owned or operated,2
or both, by a hospital service district, which benefits from being financed by the sale3
of bonds that are exempt from taxation as provided by Louisiana law, or which4
receives any other type of financial assistance from the state of Louisiana and which5
offers emergency room services to the public and is actually offering such services6
at the time, shall make its emergency services available to all persons residing in the7
territorial area of the hospital regardless of whether the person is covered by private,8
federal Medicare or Medicaid, or other insurance. Each person shall receive these9
services free from discrimination based on race, religion, or national ancestry and10
from arbitrary, capricious, or unreasonable discrimination based on age, sex, sexual11
orientation, gender identity or expression, or physical condition and disability, or12
economic status. However, in no event shall emergency treatment be denied to13
anyone on account of inability to pay. Any such hospital found to be in violation of14
this Section shall not receive any client referrals from the Department of Health and15
Hospitals.16
* * *17
§2113.6. Emergency diagnoses and services; denial for inability to pay;18
discriminatory practices19
A.(1) No officer, employee, or member of the medical staff of a hospital20
licensed by the Department of Health and Hospitals shall deny emergency services21
available at the hospital to a person diagnosed by a licensed physician as requiring22
emergency services because the person is unable to establish his ability to pay for the23
services or because of race, religion, or national ancestry. In addition, the person24
needing the services shall not be subjected by any such person to arbitrary,25
capricious, or unreasonable discrimination based on age, sex, sexual orientation,26
gender identity or expression, physical condition, disability, or economic status.27
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B. No officer, employee, or member of the medical staff of a hospital1
licensed by the Department of Health and Hospitals shall deny a person in need of2
emergency services access to diagnosis by a licensed physician on the staff of the3
hospital because the person is unable to establish his ability to pay for the services4
or because of race, religion, or national ancestry. In addition, the person needing the5
services shall not be subjected by any such person to arbitrary, capricious, or6
unreasonable discrimination based on age, sex, sexual orientation, gender identity7
or expression, physical condition, disability, or economic status.8
* * *9
§2120.35. Rules, regulations, and standards for licenses10
* * *11
B. The department shall promulgate minimum standards for adult brain12
injury facilities as defined in this Part which, at a minimum, shall:13
* * *14
(5) Prohibit discrimination by brain injury facilities on the basis of race,15
color, creed, sex, age, sexual orientation, gender identity or expression, disability,16
as defined in R.S. 51:2232(11), national origin, or ancestry.17
* * *18
§2125. Age; continuation of assistance; discrimination19
* * *20
B. Such assistance shall not be provided where an institution or provider21
discriminates against those seeking services provided herein on the basis of race,22
color, creed, sex, sexual orientation, gender identity or expression, disability, as23
defined in R.S. 51:2232(11), or national origin.24
* * *25
§2403. Council on Peace Officer Standards and Training26
* * *27
H.(1) The council may establish and implement curricula and publish28
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which are directed against individuals or groups, or their property, by reason of their1
actual or perceived race, age, gender, gender identity or expression, religion, color,2
creed, disability, sexual orientation, national origin, or ancestry.3
* * *4
§2504. Authority to contract5
The Interagency Recreation Board may enter into contracts with the private6
sector for the maintenance, upkeep, and management of golf courses, tennis courts,7
ball parks, and recreation facilities constructed under the provisions of this Chapter8
and may enter into other such contracts as may be necessary or appropriate to9
implement the provisions of this Chapter or any other functions of the board as10
provided by law, all in accordance with applicable laws. However, any such private11
contractor shall not in any way prohibit or restrict public access to any recreation12
facilities constructed under the provisions of this Chapter on the basis of race, sex,13
creed, age, sexual orientation, gender identity or expression, disability, or color.14
Section 14. R.S. 46:437.11(A), 1104, 1134, 1154, 1407(B)(1)(e)(introductory15
paragraph) and (F), 1995, and 2205 are hereby amended and reenacted to read as follows:16
§437.11. Provider agreements17
A. The department shall make payments from medical assistance programs18
funds for goods, services, or supplies rendered to recipients to any person who has19
a provider agreement in effect with the department, who is complying with all20
federal and state laws and rules pertaining to the medical assistance programs, and21
who agrees that no person shall be subjected to discrimination under the medical22
assistance programs because of race, creed, ethnic origin, sex, age, sexual23
orientation, gender identity or expression, or physical condition. disability.24
* * *25
§1104. Application consideration; evaluation26
It shall be the duty of the board of commissioners to receive, consider,27
evaluate, and allow or disallow all applications for scholarships made by eligible28
applicants. The board of commissioners shall make careful and full investigation of29 HLS 14RS-766 ORIGINAL
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the ability and qualifications of each applicant. The board of commissioners shall1
provide that an affirmative action program for the selection of recipients be2
established which shall include that no discrimination occur on the basis of race,3
creed, sex, age, sexual orientation, gender identity or expression, disability, or ethnic4
origin. The board of commissioners shall establish and publish rules on the selection5
process of the recipient which shall preclude the appearance of and the possibility6
of nepotism. The board of commissioners shall notify each applicant selected to7
receive a scholarship of his selection and shall also notify the dean of the medical8
school to which the recipient has been admitted or in which he is engaged in study,9
or the chief administrator of any internship or residency program in which the10
applicant is engaged.11
* * *12
§1134. Application consideration; evaluation13
It shall be the duty of the board of commissioners to receive, consider,14
evaluate, and allow or disallow all applications for scholarships made by eligible15
applicants. The board of commissioners shall make careful and full investigation of16
the ability and qualifications of each applicant. The board of commissioners shall17
provide that an affirmative action program for the selection of recipients be18
established which shall include that no discrimination occur on the basis of race,19
creed, sex, age, sexual orientation, gender identity or expression, disability, or ethnic20
origin. The board of commissioners shall establish and publish rules on the selection21
process of the recipient which shall preclude the appearance of and the possibility22
of nepotism. The board of commissioners shall notify each applicant selected to23
receive a scholarship of his selection and shall also notify the dean of the nursing24
school or office of financial assistance at the school where the student is registered.25
* * *26
§1154. Application consideration; evaluation27
The board shall receive, consider, evaluate, and allow or disallow all28
applications for scholarships made by eligible applicants. The board shall make29 HLS 14RS-766 ORIGINAL
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careful and full investigation of the ability and qualifications of each applicant. The1
board shall ensure that no discrimination occurs on the basis of race, creed, sex, age,2
sexual orientation, gender identity or expression, disability, or ethnic origin. The3
board shall establish and publish rules on the selection process of the recipient which4
shall preclude the appearance of and the possibility of nepotism. The board shall5
notify each applicant selected to receive a scholarship of his selection and shall also6
notify the dean of the school or office of financial assistance at the school where the7
student is registered.8
* * *9
§1407. Rules, regulations, and standards for licenses10
* * *11
B.(1) The regulations developed by this department, at a minimum, shall12
accomplish all of the following:13
* * *14
(e) Prohibit discrimination by early childhood learning centers and15
specialized providers on the basis of race, color, creed, sex, sexual orientation,16
gender identity or expression, national origin, handicap disability, ancestry, or17
whether the child is being breastfed. However, nothing in this Subparagraph shall18
be construed to affect, limit, or otherwise restrict any of the following:19
* * *20
F. Discrimination by child care facilities and child-placing agencies on the21
basis of race, color, creed, sex, sexual orientation, gender identity or expression,22
national origin, disability as defined by R.S. 51:2232(11), ancestry, or whether the23
child is being breastfed is prohibited. However, this shall not restrict the hiring or24
admission policies of a church or religious organization, which may give preference25
in hiring or admission to members of the church or denomination.26
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§1995. Nondiscrimination1
No citizen of this state shall on the ground of sex, sexual orientation, gender2
identity or expression, disability, age, race, color, religion, or national origin be3
excluded from participating in, be denied the benefits of, or be subjected to4
discrimination under, any program or activity funded in whole or in part with funds5
made available under this Chapter.6
* * *7
§2205. Nondiscrimination of policy8
All organizations receiving grants under this Chapter shall provide the9
required transportation services without regard to the race, religion, sex, sexual10
orientation, gender identity or expression, national ancestry, place of residence, or11
income level of the persons needing the assistance.12
Section 15. R.S. 47:37(C) and 287.755(C) are hereby amended and reenacted to read13
as follows:14
§37. Tax credit for contributions to educational institutions15
* * *16
C. There shall be allowed a credit against the tax liability due under the17
income tax for donations, contributions, or sales below cost of tangible movable18
property made to educational institutions in the state of Louisiana. The credit19
allowed by this Section shall be computed at the rate of forty percent of such20
property's value, as defined herein, or, in the case of a sale below cost, forty percent21
of the difference between the price received for the tangible movable property by the22
taxpayer and the value of the property as defined herein. The credit shall be limited23
to the total of the tax liability for the taxable year for which it is being claimed and24
shall be in lieu of the deductions from gross income provided for in R.S. 47:57. The25
credit shall not be allowed if the taxpayer arbitrarily, capriciously, or unreasonably26
discriminates against any person because of race, religion, age, sex, sexual27
orientation, gender identity or expression, disability, ideas, beliefs, or affiliations.28
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§287.755. Tax credit for contributions to educational institutions1
* * *2
C. There shall be allowed a credit against the tax liability due under the3
income tax for donations, contributions, or sales below cost of tangible movable4
property made to educational institutions in the state of Louisiana. The credit5
allowed by this Section shall be computed at the rate of forty percent of such6
property's value, as defined herein, or, in the case of a sale below cost, forty percent7
of the difference between the price received for the tangible movable property by the8
taxpayer and the value of the property as defined herein. The credit shall be limited9
to the total of the tax liability for the taxable year for which it is being claimed and10
shall be in lieu of the deductions from gross income provided for in R.S. 47:57. The11
credit shall not be allowed if the taxpayer arbitrarily, capriciously, or unreasonably12
discriminates against any person because of race, religion, age, sex, sexual13
orientation, gender identity or expression, disability, ideas, beliefs, or affiliations.14
* * *15
Section 16. R.S. 48:274.1(C) is hereby amended and reenacted to read as follows:16
§274.1. Placing of specific information logo signs on interstate highways; contracts17
with third parties18
* * *19
C. Each business indentified identified on a specific information logo sign20
shall give written assurance to the department of its conformity with all applicable21
laws concerning the provision of public accommodations without regard to22
discrimination based on race, religion, color, sex, age, sexual orientation, gender23
identity or expression, disability, or national origin and shall not be in breach of that24
assurance.25
* * *26
Section 17. R.S. 49:145 and 146(A)(1) are hereby amended and reenacted to read27
as follows:28 HLS 14RS-766 ORIGINAL
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§145. Use of public buildings; discrimination1
No person shall be denied access to any public meeting in any public building2
or facility used or owned by the state or any political subdivision of the state because3
of race, color, creed, age, sex, sexual orientation, gender identity or expression, or4
physical or mental disability. For purposes of this Section, a public meeting is a5
meeting which is advertised as being open to the general public.6
§146. Facilities to which public invited; discrimination7
A.(1) In access to public areas, public accommodations, and public facilities,8
every person shall be free from discrimination based on race, religion, or national9
ancestry and from arbitrary, capricious, or unreasonable discrimination based on age,10
sex, sexual orientation, gender identity or expression, or physical or mental11
disability.12
* * * 13
Section 18. R.S. 51:2231(A), 2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248,14
2254(1) and (2), 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5),15
2607(A) and (C), and 2608 are hereby amended and reenacted to read as follows:16
§2231. Statement of purpose; limitation on prohibitions against discrimination17
because of age18
A. It is the purpose and intent of the legislature by this enactment to provide19
for execution within Louisiana of the policies embodied in the Federal Civil Rights20
Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of21
1967, as amended; and to assure that Louisiana has appropriate legislation22
prohibiting discrimination in public accommodations sufficient to justify the deferral23
of cases by the federal Equal Employment Opportunity Commission, the executive24
director of the Louisiana Workforce Commission, and the Department of Justice25
under those statutes; to safeguard all individuals within the state from discrimination26
because of race, creed, color, religion, sex, sexual orientation, gender identity or27
expression, age, disability, or national origin in connection with employment and in28
connection with public accommodations; to protect their interest in personal dignity29 HLS 14RS-766 ORIGINAL
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and freedom from humiliation; to make available to the state their full productive1
capacities in employment; to secure the state against domestic strife and unrest2
which would menace its democratic institutions; to preserve the public safety, health,3
and general welfare; and to further the interest, rights, and privileges within the state.4
* * * 5
§2232. Definitions6
As used in this Chapter:7
* * *8
(3) "Discriminatory practice in connection with public accommodations"9
means any direct or indirect act or practice of exclusion, distinction, restriction,10
segregation, limitation, refusal, denial, or any other act or practice of differentiation11
or preference in the treatment of a person or persons because of race, creed, color,12
religion, sex, sexual orientation, gender identity or expression, age, disability, or13
national origin.14
* * *15
§2235. Powers and duties of commission16
In the enforcement of this Chapter, the commission shall have the following17
powers and duties:18
* * *19
(16) To create local or statewide advisory committees that in its judgment20
will aid in effectuating the purposes of this Chapter. Members of such committees21
shall serve without pay but shall be reimbursed for expenses incurred in such service.22
The commission may make provision for technical and clerical assistance to the23
committees. The commission may empower these committees:24
(a) To study and report on problems of discrimination because of race, creed,25
color, religion, sex, sexual orientation, gender identity or expression, age, disability,26
or national origin.27
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§2236. Parishes and municipalities may prohibit discrimination1
A. Parishes and municipalities may adopt and enforce ordinances, orders,2
and resolutions prohibiting all forms of discrimination, including discrimination on3
the basis of race, creed, color, religion, national origin, sex, sexual orientation,4
gender identity or expression, disability, or age, and to prescribe penalties for5
violations thereof, such penalties being in addition to the remedial orders and6
enforcement herein authorized.7
* * *8
§2237. Local human rights commissions9
Any parish or municipality, or one or more parishes and municipalities acting10
jointly, may create a human rights commission, hereinafter referred to as a "local11
commission":12
* * *13
(2) To safeguard all individuals within its jurisdiction from discrimination14
because of race, creed, color, religion, national origin, sex, sexual orientation, gender15
identity or expression, disability, or age.16
* * *17
§2247. Public accommodations, resorts, amusements; discriminatory practices18
prohibited19
Except as otherwise provided in this Chapter, it is a discriminatory practice20
for a person to deny an individual the full and equal enjoyment of the goods,21
services, facilities, privileges, advantages, and accommodations of a place of public22
accommodation, resort, or amusement, as defined in this Chapter, on the grounds of23
race, creed, color, religion, sex, sexual orientation, gender identity or expression,24
age, disability, as defined in R.S. 51:2232(11), or national origin.25
§2248. Advertisement of accommodations, goods, services26
It shall be an unlawful practice for a person, directly or indirectly, to publish,27
circulate, issue, display, mail, or cause to be published, circulated, issued, displayed,28
or mailed, a written, printed, oral, or visual communication, notice, or advertisement29 HLS 14RS-766 ORIGINAL
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which indicates that the goods, services, facilities, privileges, advantages, and1
accommodations of a place of public accommodation, resort, or amusement shall be2
refused, withheld from, or denied an individual on account of his race, color,3
religion, age, sex, sexual orientation, gender identity or expression, disability, as4
defined in R.S. 51:2232(11), or national origin, or that the patronage of or presence5
at a place of public accommodations, resort, or amusement of an individual on6
account of his race, color, religion, age, sex, sexual orientation, gender identity or7
expression, disability, as defined in R.S. 51:2232(11), or national origin is8
objectionable, unwelcome, unacceptable, or undesirable.9
§2254. Unlawful financial practices10
It shall be an unlawful practice for a financial institution or an individual11
employed by or acting on behalf of a financial institution:12
(1) To discriminate against an individual because of the race, creed, color,13
religion, national origin, sex, age, sexual orientation, gender identity or expression,14
disability, as defined in R.S. 51:2232(11), or age of the individual or the present or15
prospective owner, tenant, or occupant of the immovable property or of a member,16
stockholder, director, officer, employee, or representative of any of these, in the17
granting, withholding, extending, modifying, or renewing of rates, terms, conditions,18
privileges, or other provisions of financial assistance or in the extension of services19
in connection therewith.20
(2) To use a form of application for financial assistance or to make or keep21
a record or inquiry in connection with applications for financial assistance which22
indicates directly or indirectly a limitation, specification, or discrimination, as to23
race, creed, color, religion, age, sex, sexual orientation, gender identity or24
expression, disability, as defined in R.S. 51:2232(11), or national origin, or an intent25
to make such a limitation, specification, or discrimination.26
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§2255. Unlawful practices in connection with credit transactions; exceptions1
A. It shall be an unlawful practice for any person, whether acting for himself2
or another, in connection with any credit transaction because of race, creed, color,3
religion, national origin, disability, as defined in R.S. 51:2232(11), or sex, age,4
sexual orientation, gender identity or expression:5
* * *6
§2602. Policy7
A. The legislature finds and declares that persons in this state who seek a8
place to live should be able to find such housing whenever it is available. Further,9
in many localities there may be housing shortages. All persons should therefore be10
able to compete for available housing on an open, fair, and equitable basis, regardless11
of race, color, religion, sex, age, sexual orientation, gender identity or expression,12
handicap disability, familial status, or national origin.13
* * *14
§2606. Discrimination in sale or rental of housing and other prohibited practices 15
A. As made applicable by R.S. 51:2604, and except as exempted by16
Subsection B thereof and R.S. 51:2605, it is unlawful:17
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse18
to negotiate for the sale or rental of, or otherwise make unavailable or deny, a19
dwelling to any person because of race, color, religion, sex, age, sexual orientation,20
gender identity or expression, familial status, or national origin.21
(2) To discriminate against any person in the terms, conditions, or privileges22
of sale or rental of a dwelling, or in the provision of services or facilities in23
connection therewith, because of race, color, religion, sex, age, sexual orientation,24
gender identity or expression, familial status, or national origin.25
(3) To make, print, or publish, or cause to be made, printed, or published any26
notice, statement, or advertisement, with respect to the sale or rental of a dwelling27
that indicates any preference, limitation, or discrimination based on race, color,28
religion, sex, age, sexual orientation, gender identity or expression, handicap29 HLS 14RS-766 ORIGINAL
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disability, familial status, or national origin, or an intention to make any such1
preference, limitation, or discrimination.2
(4) To represent to any person because of race, color, religion, sex, age,3
sexual orientation, gender identity or expression, handicap disability, familial status,4
or national origin that any dwelling is not available for inspection, sale, or rental5
when such dwelling is in fact so available.6
(5) For profit, to induce or attempt to induce any person to sell or rent any7
dwelling by representations regarding the entry or prospective entry into the8
neighborhood of a person or persons of a particular race, color, religion, sex, age,9
sexual orientation, gender identity or expression, handicap disability, familial status,10
or national origin.11
* * *12
§2607. Discrimination in residential real estate related transactions13
A. It is unlawful for any person or other entity whose business includes14
engaging in residential real estate related transactions to discriminate against any15
person in making available such a transaction, or in the terms or conditions of such16
a transaction, because of race, color, religion, sex, age, sexual orientation, gender17
identity or expression, handicap disability, familial status, or national origin.18
* * *19
C. Nothing in this Chapter prohibits a person engaged in the business of20
furnishing appraisals of real property to take into consideration factors other than21
race, color, religion, national origin, sex, age, sexual orientation, gender identity or22
expression, handicap disability, or familial status.23
§2608. Discrimination in provision of brokerage services24
It is unlawful to deny any person access to or membership or participation in25
any multiple-listing service, real estate brokers' organization or other service,26
organization, or facility relating to the business of selling or renting dwellings, or to27
discriminate against him in the terms or conditions of such access, membership, or28 HLS 14RS-766 ORIGINAL
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are additions.
participation, on account of race, color, religion, sex, age, sexual orientation, gender1
identity or expression, handicap disability, familial status, or national origin.2
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. 199
Abstract: Provides relative to discrimination by including sexual orientation and gender
identity or expression in various provisions prohibiting or describing discrimination.
Also adds age, sex, or disability as prohibited discrimination criteria in a number of
such provisions.
Proposed law provides with respect to discrimination in various provisions of law. In
general, adds sexual orientation and gender identity or expression in provisions prohibiting
or describing discrimination. Also adds age, sex, or disability in a number of such
provisions. The following table summarizes these changes:
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
4:193(B) Exclusion or ejection from a
track, race meeting, race, or
licensed establishment
Yes
9:3583 Extending credit Yes age, disability
14:107.2(A) Definition of hate crimes.
Prohibited bases for selection of
victims of specified crimes
gender identity
or expression
(sexual
orientation
already in law)
14:326(C) Applications of requirements for
permits for parades, or
demonstrations
Yes age
15:1204.2(B)(4)Requires La. Uniform Crime
Reporting System include
crimes directed at persons or
groups based on certain actual or
perceived characteristics
gender identity
or expression
(sexual
orientation
already in law)
15:1402(A) Rights to be secure from fear,
intimidation, and physical harm
caused by violent groups and
individuals.
Yes
17:111 School admission and school
assignment
Yes sex (in A)
disability (in B) HLS 14RS-766 ORIGINAL
HB NO. 199
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
Page 33 of 38
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
17:158(F) Free school transportation for
public and nonpublic schools –
Not applicable to students who
attend a school that
discriminates
Yes sex
17:1676(D) Eligibility for a particular
scholarship program for
approved institutions of higher
education in the state
Yes
17:2053(D)(3)Payments to independent
institutions of higher learning
for educating Louisiana
residents
Yes sex, disability
17:3402(A) Open admission requirements
for certification of a Montessori
school
Yes sex
17:3991(B)(3)Admission requirements of
charter schools
Yes
22:1452(C)(25)Unfair discrimination relative to
insurance rates
Yes age, sex
22:1454(A) Prohibited criteria for
establishing risk classifications
for insurance rates
Yes sex, disability
22:1964(7)(f)Unfair or deceptive trade
practices in the insurance
business, discrimination in
refusing to insure, refusing to
continue to insure, or limiting
the amount of coverage
available
Yes age, disability
23:332 Louisiana Employment
Discrimination Law – Provides
for unlawful discrimination in
employment
Yes age
23:2043(B)(1)Factors for governor to consider
in appointments to La.
Workforce Investment Council
Yes age, disability
27:27.2(B) Persons excluded from gaming
premises
Yes
27:27.4 Exclusion or ejection of persons
from gaming premises
Yes
37:1025(B) Selection of medication
attendants
Yes age, sex HLS 14RS-766 ORIGINAL
HB NO. 199
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
Page 34 of 38
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
37:1107(C) Licensing of licensed
professional counselors
Yes age, disability
37:1360.23(I) Licensing of physicians
assistants and admission to
training, employment, and
utilization programs
Yes
37:1437(D) Requirement for applicants for a
real estate license to sign a
statement that he will not try to
induce sale or rental of any
dwelling by representations
about entry into an area of
persons of a particular race,
color, religion, or national
origin.
Yes age, sex,
disability
37:1455(A)(28)Penalties for real estate license
or certificate holders do not
show, sell, or rent real estate by
reason of discrimination
Yes age, disability
37:2654(C)(1) Appointment of members of the
board of the La. Board of
Examiners for Speech-Language
Pathology and Audiology
Yes disability
37:2719 Granting a social worker's
license, certificate, or
registration
Yes age, disability
37:3425(C) Granting a clinical exercise
physiologist's license
Yes age, disability
37:3447(C) Granting a rehabilitation
counselor's license
Yes age, disability
38:2315 Selection of architects,
engineers, and landscape
architects for public contracts
Yes disability
39:1411 Program or activity receiving
state financial assistance
Yes age, sex,
disability
40:1232(C) Licensure of EMS practitioners Yes disability
40:2113.4(A)Hospital service district
hospitals providing emergency
services
Yes disability
40:2113.6(A)(1)
and (B)
Licensed hospitals providing
emergency services
Yes disability
40:2120.35(B)(5)Brain injury facilities Yes age HLS 14RS-766 ORIGINAL
HB NO. 199
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
Page 35 of 38
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
40:2125(B) Financial assistance for
exceptional children will not be
provided for facilities that
discriminate
Yes sex
40:2403(H)(1)Council on Peace Officer
Standards and Training to
provide for curricula and
training materials to train peace
officers to identify, respond to,
and report crimes directed
against individuals or groups by
reason of actual or perceived
characteristics
gender identity
or expression
(sexual
orientation
already in the
law)
40:2504 Access to facilities of the
Interagency Recreation Board
Yes age, disability
46:437.11(A)Payments from medical
assistance programs funds for
goods, services, or supplies from
providers who do not
discriminate
Yes disability
46:1104 Medical scholarship programs of
hospital service districts or
parish governing authorities,
prohibits discrimination in
selection of recipients
Yes disability
46:1134 Nursing scholarship programs of
hospital service districts or
parish governing authorities,
prohibits discrimination in
selection of recipients
Yes disability
46:1154 Allied health professions
scholarship programs of hospital
service districts or parish
governing authorities, prohibits
discrimination in selection of
recipients
Yes disability
46:1407(B)(1)(e)
& (F)
Licensure of early childhood
learning centers and specialized
providers and licensure
regulations
Yes
46:1995 Displaced homemaker programs Yes disability
46:2205 Transportation assistance for the
elderly and handicapped
Yes HLS 14RS-766 ORIGINAL
HB NO. 199
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
Page 36 of 38
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
47:37(C) Income tax credit for donations,
contributions, or sales below
cost of tangible movable
property for educational
institutions, excludes donors
who discriminate
Yes age, sex,
disability
47:287.755(C)Same as above but applicable to
corporation, person, estate, or
trust contributing, donating, or
selling below cost tangible
movable property to educational
institutions. Applies to
corporate tax
Yes age, sex,
disability
48:274.1(C) Requires that businesses that
have their logo on Interstate
highway signs comply with laws
relative to discrimination in
public accommodations
Yes age, disability
49:145 Access to public meetings in
facilities owned or used by the
state or political subdivisions
Yes age, sex
49:146(A)(1)Access to public areas, public
accommodations, and public
facilities
Yes
51:2231(A) Legislative intent that creation
of the La. Commission on
Human Rights is to safeguard
from discrimination
Yes
51:2232(3) Defines "Discriminatory
practice in connection with
public accommodations"
Yes
51:2235(16)(a)La. Commission on Human
Rights authority to create
advisory committees on
discrimination
Yes
51:2236(A) Authorizes parishes and
municipalities to adopt and
enforce discrimination
prohibitions
Yes
51:2237(2) Authorizes parishes and
municipalities to create a human
rights commission to safeguard
from discrimination
Yes HLS 14RS-766 ORIGINAL
HB NO. 199
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
Page 37 of 38
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
51:2247 Denial of full and equal
enjoyment of a place of public
accommodation, resort, or
amusement
Yes
51:2248 Certain advertising about
discrimination by a public
accommodation
Yes age, sex
51:2254(1) and
(2)
Granting, withholding,
extending, modifying, or
renewing of rates, terms,
conditions, privileges, or other
provisions of financial
assistance or in the extension of
services in connection therewith
Yes (1) age
(2) age, sex
51:2255(A)
(introductory
paragraph)
Practices in credit transactions Yes age
51:2602(A) Legislative finding about
competing for available housing
without discrimination
Yes age
51:2606(A)(1)
through (5)
Sale or rental of housing Yes age
51:2607(A) and
(C)
Residential real estate related
transactions
Yes age
51:2608 Access or terms of access to or
membership or participation in
any multiple-listing service, real
estate brokers' organization or
other service, organization, or
facility relating to the business
of selling or renting dwellings
Yes age
Proposed law (R.S. 23:302(9) & (10)) add definitions of "sexual orientation" and "gender
identity or expression" for purposes of the Louisiana Employment Discrimination Law and
provisions for unlawful discrimination in employment. Defines "sexual orientation" as an
individual's actual or perceived heterosexuality, homosexuality, or bisexuality. Defines
"gender identity or expression" as a gender-related identity, appearance, expression, or
behavior of a person, regardless of the person's assigned sex at birth.
Present law (R.S. 12:1041(A)) authorizes the attorney general to institute civil proceedings
to annul, vacate, or forfeit the articles of incorporation and franchise of a domestic
corporation, or to revoke the certificate of authority to transact business in this state of a
foreign corporation when:
(1)A corporation officer or person controlling corporate management or operation, with
the knowledge of the president and a majority of the board of directors or under HLS 14RS-766 ORIGINAL
HB NO. 199
Page 38 of 38
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
circumstances such that they should have knowledge, is engaged in any unlawful
activity aimed at organized homosexuality, organized crimes against nature,
organized prostitution, organized gambling, organized narcotics, organized extortion
or organized embezzlement; or
(2)A director, officer, employee, agent, or stockholder acting for such corporation has,
in conducting the corporation's affairs, purposely engaged in any unlawful activity
aimed at homosexuality, crimes against nature, intimidation and coercion, bribery,
prostitution, gambling, extortion, embezzlement, unlawful sale of narcotics or other
illegal conduct, with the knowledge of the president and majority of the board of
directors or under such circumstances that they should have knowledge, with the
intent to compel or induce other persons, firms, or corporations to deal with such
corporation or engage in such illegal conduct; and
(3)For the prevention of future illegal conduct of the same character, the public interest
requires the corporation charter to be annulled, vacated, or forfeited and the
corporation to be dissolved or the certificate of authority to transact business in the
state revoked.
Proposed law retains present law except removes references to homosexuality.
Proposed law changes "handicap" to "disability" in a number of provisions.
(Amends R.S. 4:193(B), R.S. 9:3583, R.S. 12:1041(A), R.S. 14:107.2(A) and 326(C), R.S.
15:1204.2(B)(4) and 1402(A), R.S. 17:111, 158(F), 1676(D), 2053(D)(3), 3402(A), and
3991(B)(3), R.S. 22:1452(C)(25), 1454(A), and 1964(7)(f), R.S. 23:332 and 2043(B)(1),
R.S. 27:27.2(B) and 27.4, R.S. 37:1025(B), 1107(C), 1360.23(I), 1437(D), 1455(A)(28),
2654(C)(1), 2719, 3425(C), and 3447(C), R.S. 38:2315, R.S. 39:1411, R.S. 40:1232(C),
2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5), 2125(B), 2403(H)(1), and 2504, R.S.
46:437.11(A), 1104, 1134, 1154, 1407(B)(1)(e)(intro. para.) and (F), 1995, and 2205, R.S.
47:37(C) and 287.755(C), R.S. 48:274.1(C), R.S. 49:145 and 146(A)(1), and R.S.
51:2231(A), 2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2), 2255(A)
(intro. para.), 2602(A), 2606(A)(1) through (5), 2607(A) and (C), and 2608; Adds R.S.
23:302(9) and (10))