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)]
St. Germain HB No. 887
Abstract: Provides with respect to discrimination based on sexual orientation, gender identity,
or gender expression.
Proposed law (R.S. 23:335) provides that it is unlawful for any employer to refuse to hire,
discharge, or otherwise discriminate with respect to compensation, terms, conditions of
employment, segregate, limit, or classify his employees or applicants for employment due to an
individual's actual or perceived sexual orientation, gender identity, or gender expression.
Proposed law provides that it is unlawful for an employment agency to refuse to refer someone
for employment due to his actual or perceived sexual orientation, gender identity, or gender
expression.
Proposed law provides that it is unlawful for any labor organization to exclude or expel someone
from membership, or otherwise limit, or segregate it's membership or applicants for membership
due to an individual's actual or perceived sexual orientation, gender identity, or gender
expression.
Proposed law provides that it is unlawful for an employer, employment agency, or labor
organization controlling apprenticeship or other training or retraining programs to discriminate
against an individual due to an individual's actual or perceived sexual orientation, gender
identity, or gender expression.
Proposed law further prohibits the discrimination against an individual because the individual
has made a charge, testified, assisted, or participated in an investigation, proceeding, or litigation
relative to a discrimination charge.
Proposed law prohibits an employer, employment agency, or labor organization from publishing
or advertising an employment or training position indicating any preference, limitation,
specification, or discrimination based on actual or perceived sexual orientation, gender identity,
or gender expression unless it is a bona fide occupational qualification for employment.
Proposed law does not intend to create a cause of action pursuant to any affirmative action plan.
Proposed law does not require any employer, employment agency, labor organization, or insurer
to grant preferential treatment to any individual because of actual or perceived sexual orientation,
gender identity, or gender expression. Proposed law allows an employer, employment agency, labor organization, or training program
to hire, admit, or train someone based on actual or perceived sexual orientation, gender identity,
or gender expression unless it is a bona fide occupational qualification reasonably necessary for
the normal operation of that particular business or enterprise.
Proposed law allows an employer to apply different standards of compensation or different terms,
conditions, or privileges of employment pursuant to seniority or a merit system, or a system
which measures earnings by quantity or quality of production, or to employees who work in
different locations, provided that the differences are not a result of an intention to discriminate.
Proposed law provides that it is not discrimination for an employer to give a professionally
developed ability test if the test is not used to discriminate.
Proposed law further provides that it is not unlawful for an employer to specify a dress code,
provided it is consistent with the employee's gender identity.
Proposed law provides that it is not unlawful to refuse to provide benefits to the partner of an
employee.
Proposed law provides that proposed law does not apply to a corporation, association educational
institution or institution of learning, or society that is exempt from the religious discrimination
provisions of the Civil Rights Act.
Proposed law (R.S. 38:1553.1 and 2183) provides for equal employment opportunities in the
selection of persons for public contracts and procurement contracts.
Proposed law prohibits discrimination against any person because of race, religion, national
origin, age, sex, sexual orientation, gender identity, gender expression, or disability, in awarding
public contracts or procurement contracts.
Proposed law requires that every contract, invitation to bid, request for proposal, or bidding
document include a statement advising that the contractor shall not discriminate when he renders
services to or in the employment of individuals to perform the work, or provide materials,
supplies, or services pursuant to the contract, who are members of the category of individuals
listed in proposed law.
Proposed law is not intended to nullify or supercede any preference in law for veterans of the
military or military service men and women.
Proposed law is not intended to nullify or supercede any minimum requirement related to
education, licensure, or other vocational standards.
Present law (R.S. 38:2315) requires that every person be guaranteed equal opportunity in the
selection of persons for professional services. Present law provides that a selection for professional services shall not discriminate against
anyone based on race, religion, national ancestry, age, sex, or physical condition.
Proposed law changes "national ancestry" to "national origin" and "physical condition" to
"disability".
Proposed law adds sexual orientation, gender identity, and gender expression to the list of
prohibited discriminatory classifications.
Present law (R.S. 51:2231) provides that the Louisiana Commission on Human Rights has
enforcement powers over certain discrimination statutes.
Present law adds proposed law (R.S. 23:335) to the statutes over which the Louisiana
Commission on Human Rights has enforcement authority.
Present law provides that the Louisiana Commission on Human Rights study and report on
problems of discrimination because of race, creed, color, religion, sex, age, disability, or national
origin.
Proposed law adds sexual orientation, gender identity, and gender expression to the list of
discriminatory classifications that the Louisiana Commission on Human Rights is required to
study.
Present law (R.S. 23:2237) provides that parishes and municipalities may adopt and enforce
ordinances prohibiting all forms of discrimination including race, creed, color, religion, national
origin, sex, disability, or age.
Proposed law adds sexual orientation, gender identity, and gender expression to present law.
Present law (R.S. 23:2237) allows any parish, municipality, or multiple parishes or municipalities
to create a local human rights commission to safeguard individuals from discrimination because
of race, creed, color, religion, national origin, sex, disability, or age.
Proposed law adds sexual orientation, gender identity, and gender expression to present law.
(Amends R.S. 38:2315, R.S. 51:2231(C), 2232(12), 2235(16)(a), 2236(A), and 2237(2); Adds
R.S. 23:335, R.S. 38:1553.1 and 2183)