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Regular Session, 2014
HOUSE BILL NO. 744
BY REPRESENTATIVE MORENO
EMPLOYMENT: Provides with respect to retaliation in employment
AN ACT1
To amend and reenact R.S. 23:665(B) and R.S. 51:2231(C), 2232(12) and (13),2
2235(introductory paragraph) and (9), 2237(1), and 2256 and to enact R.S. 23:304,3
relative to employer retaliation; to provide with respect to the Louisiana Commission4
on Human Rights; to provide with respect to whistle blower protection in5
discrimination cases; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 23:665(B) is hereby amended and reenacted and R.S. 23:304 is8
hereby enacted to read as follows: 9
§304. Retaliation10
A. It shall be unlawful for an employer to discriminate, retaliate, terminate,11
or take any adverse employment action against any employee for inquiring about,12
disclosing, comparing, or otherwise discussing the employee's wages or the wages13
of any other employee, or aiding or encouraging any other employee to exercise his14
rights pursuant to this Chapter.15
B. Any employee who has filed a complaint or instituted any proceeding or16
investigation relative to discrimination pursuant to this Section, or any employee17
who has provided any information in connection with an inquiry or proceeding18 HLS 14RS-401 ORIGINAL
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relative to any discrimination pursuant to this Section shall be protected by, and may1
institute an action pursuant to R.S. 23:967 or R.S. 51:2256.2
* * *3
§665. Complaint procedure4
* * *5
B. If an employer fails to resolve the dispute to the satisfaction of such6
employee within the time provided herein, the employee may file a complaint with7
the commission requesting an investigation of the complaint pursuant to R.S. 23:3018
et seq. and R.S. 51:2257.9
* * *10
Section 2. R.S. 51:2231(C), 2232(12) and (13), 2235(introductory paragraph) and11
(9), 2237(1), and 2256 are hereby amended and reenacted to read as follows12
§2231. Statement of purpose; limitation on prohibitions against discrimination13
because of age14
* * *15
C. The Louisiana Commission on Human Rights shall have enforcement16
powers including adjudication of claims of discrimination prohibited by R.S. 23:312,17
323, and 332, sickle cell trait discrimination prohibited by R.S. 23:352, and18
discrimination because of pregnancy prohibited by R.S. 23:341 et seq. Chapter 3-A19
of Title 23 of the Louisiana Revised Statutes of 1950 and R.S. 23:664.20
§2232. Definitions21
As used in this Chapter:22
* * *23
(12) "Discriminatory practice in connection with employment" means an24
employment practice prohibited by R.S. 23:312, 323, or 332. Chapter 3-A of Title25
23 of the Louisiana Revised Statutes of 1950 or R.S. 23:664.26
(13) "Unlawful practice" means a discriminatory practice in connection with27
employment, a discriminatory practice in connection with public accommodations,28 HLS 14RS-401 ORIGINAL
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or any other practice prohibited by this Chapter , Chapter 3-A of Title 23 of the1
Louisiana Revised Statutes of 1950, or R.S. 23:664.2
* * *3
§2235. Powers and duties of commission4
In the enforcement of this Chapter, Chapter 3-A of Title 23 of the Louisiana5
Revised Statutes of 1950, or R.S. 23:664, the commission shall have the following6
powers and duties:7
* * *8
(9) To receive, initiate, investigate, seek to conciliate, hold hearings on, and9
pass upon complaints alleging violations of this Chapter, Chapter 3-A of Title 23 of10
the Louisiana Revised Statutes of 1950, or R.S. 23:664.11
* * *12
§2237. Local human rights commissions13
Any parish or municipality, or one or more parishes and municipalities acting14
jointly, may create a human rights commission, hereinafter referred to as a "local15
commission":16
(1) To provide for execution within its jurisdiction of the policies embodied17
in this Chapter, Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950,18
R.S. 23:664, and the Federal Civil Rights Act of 1964 (78 Stat. 241).19
* * *20
§2256. Conspiracy to violate this Chapter human rights and discrimination laws21
unlawful22
It shall be an unlawful practice for a person or for two or more persons to23
conspire:24
(1) To retaliate or discriminate in any manner against a person because he25
has opposed a practice declared unlawful by this Chapter, Chapter 3-A of Title 2326
of the Louisiana Revised Statutes of 1950, or R.S. 23:664, or because he has made27
a charge, filed a complaint, testified, assisted, or participated in any manner in any28 HLS 14RS-401 ORIGINAL
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investigation, proceeding, or hearing under this Chapter, Chapter 3-A of Title 23 of1
the Louisiana Revised Statutes of 1950, or R.S. 23:664.2
(2) To aid, abet, incite, compel, or coerce a person to engage in any of the3
acts or practices declared unlawful by this Chapter, Chapter 3-A of Title 23 of the4
Louisiana Revised Statutes of 1950, or R.S. 23:664.5
(3) To obstruct or prevent a person from complying with the provisions of6
this Chapter, Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, or7
R.S. 23:664, or any order issued thereunder.8
(4) To resist, prevent, impede, or interfere with the commission, or any of9
its members or representatives, in the lawful performance of duty under this Chapter,10
Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, or R.S. 23:664.11
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)]
Moreno HB No. 744
Abstract: Provides protection from employer retaliation for information given by an
employee regarding any violation of labor laws.
Present law (R.S. 23:967) protects an employee from reprisal when the employee, in good
faith, and after advising the employer of the violation of law, discloses or threatens to
disclose the violation of state law, provides information during an investigation of the
violation, or objects or refuses to participate in the violation of law.
Proposed law creates a provision regarding protection from retaliation in employment to the
Chapter in which the discrimination statutes exist.
Proposed law (R.S. 23:665(B)) clarifies that the Louisiana Commission on Human Rights
has authority to investigate and enforce the provisions of the Louisiana Equal Pay for
Women Act.
Present law (R.S. 51:2232(12)) defines "discriminatory practice in connection with
employment" to include employment practices prohibited by Title 23, including age,
disability, race, color, religion, sex, or national origin.
Proposed law retains present law and extends the definition of "discriminatory practice in
connection with employment" to include all of the discrimination statutes in present law
(Chapter 3-A of Title 23), which would add veterans, pregnancy, childbirth, and related
medical conditions, sickle cell trait, and genetic information.
Present law provides that the Louisiana Commission on Human Rights has the authority to
receive, initiate, investigate, seek to conciliate, hold hearings on, and pass upon complaints
alleging violations involving discrimination in employment. HLS 14RS-401 ORIGINAL
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Proposed law clarifies that the procedures in present law shall be used in the investigation
and complaint process for all employment discrimination laws.
(Amends R.S. 23:665(B), R.S. 51:2231(C), 2232(12) and (13), 2235(intro. para.) and (9),
2237(1), and 2256; Adds R.S. 23:304)