HLS 14RS-1277 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 887
BY REPRESENTATIVE ST. GERMAIN
DISCRIMINATION: Provides with respect to discrimination regarding sexual orientation,
gender identity, and gender expression
AN ACT1
To amend and reenact R.S. 38:2315, R.S. 51:2231(C), 2232(12), 2235(16)(a), 2236(A), and2
2237(2) and to enact R.S. 23:335, R.S. 38:1553.1 and 2183; relative to3
discrimination; to provide with respect to sexual orientation, gender identity, and4
gender expression; to prohibit discrimination with respect to employment; to prohibit5
discrimination with respect to public services; to prohibit discrimination when6
awarding public contracts and procurement contracts; to provide that parishes and7
municipalities may prohibit discrimination; to provide with respect to local human8
rights commission; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 23:335 is hereby enacted to read as follows:11
§335. Discrimination based on actual or perceived sexual orientation, gender12
identity, or gender expression; prohibited13
A. It shall be unlawful for an employer to engage in any of the following14
practices:15
(1) Fail or refuse to hire or to discharge any individual, or otherwise to16
intentionally discriminate against any individual with respect to his compensation,17
or his terms, conditions, or privileges of employment, because of the individual's18
actual or perceived sexual orientation, gender identity, or gender expression.19 HLS 14RS-1277 ORIGINAL
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(2) Limit, segregate, or classify his employees or applicants for employment1
in any way which would deprive or tend to deprive any individual of employment2
opportunities, or otherwise adversely affect his status as an employee, because of the3
individual's actual or perceived sexual orientation, gender identity, or gender4
expression.5
B. It shall be unlawful for an employment agency to fail or refuse to refer for6
employment, or otherwise to discriminate against, any individual because of his7
actual or perceived sexual orientation, gender identity, or gender expression, or to8
classify or refer for employment any individual on the basis of his actual or9
perceived sexual orientation, gender identity, or gender expression.10
C. It shall be unlawful for a labor organization to engage in any of the11
following practices:12
(1) Exclude or expel from its membership, or otherwise discriminate against,13
any individual because of his actual or perceived sexual orientation, gender identity,14
or gender expression.15
(2) Limit, segregate, or classify its membership or applicants for16
membership, or classify or fail or refuse to refer for employment any individual in17
any way which would deprive or tend to deprive any individual of employment18
opportunities, or would limit such employment opportunities, or otherwise adversely19
affect his status as an employee or as an applicant for employment, because of such20
individual's actual or perceived sexual orientation, gender identity, gender21
expression.22
(3) Cause or attempt to cause an employer to discriminate against an23
individual in violation of this Section.24
D. It shall be unlawful for any employer, employment agency, or labor25
organization controlling apprenticeship or other training or retraining, including on-26
the-job training programs, to discriminate against any individual because of his27
actual or perceived sexual orientation, gender identity, or gender expression in28 HLS 14RS-1277 ORIGINAL
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admission to, or employment in, any program established to provide apprenticeship1
or other training.2
E. It shall be unlawful for an employer to discriminate against any of his3
employees or applicants for employment, for an employment agency to discriminate4
against any individual, or for a labor organization to discriminate against any5
member thereof or applicant for membership because the individual, member, or6
applicant for membership has opposed any practice made unlawful by this Section,7
or because such individual, member, or applicant for membership has made a charge,8
testified, assisted, or participated in any manner in an investigation, proceeding, or9
litigation pursuant to this Part.10
F. It shall be unlawful for an employer, employment agency, or labor11
organization to print or publish, or cause to be printed or published, any notice or12
advertisement relating to employm ent by an employer or membership in or any13
classification or referral for employment by a labor organization, or relating to any14
classification or referral for employmen t by an employment agency, or relating to15
admission to, or employment in, any program established to provide apprenticeship16
or other training, indicating any preference, limitation, specification, or17
discrimination based on actual or perceived sexual orientation, gender identity, or18
gender expression. However, a notice or advertisement may indicate a preference,19
limitation, specification, or discrimination based on actual or perceived sexual20
orientation, gender identity, or gender expression when actual or perceived sexual21
orientation, gender identity, or gender expression is a bona fide occupational22
qualification for employment.23
G. Nothing contained in this Section shall be construed so as to create a24
cause of action against an employer, employment agency, or labor organization for25
employment practices pursuant to any affirmative action plan.26
H. Nothing contained in this Section shall be construed so as to require an27
employer, employment agency, labor organization, or insurer to grant preferential28
treatment to any individual or to any group because of the actual or perceived sexual29 HLS 14RS-1277 ORIGINAL
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orientation, gender identity, or gender expression of such individual or group on1
account of an imbalance which may exist with respect to the total number or2
percentage of persons of any actual or perceived sexual orientation, gender identity,3
or gender expression, employed by any employer, referred or classified for4
employment by any employment agency or labor organization, admitted to5
membership or classified by any labor organization, or admitted to, or employed in,6
any apprenticeship or other training program, in comparison with the total number7
or percentage of persons of such actual or perceived sexual orientation, gender8
identity, or gender expression in any city, parish or other area, or in the available9
work force in any city, parish, or other area.10
I. Notwithstanding any other provision of this Section, it shall not be11
unlawful discrimination in employment for:12
(1) An employer to hire and employ employees, for an employment agency13
to classify or refer for employment any individual, for a labor organization to14
classify its membership or to classify or refer for employment any individual, or for15
an employer, employment agency, labor organization, or insurer controlling16
apprenticeship or other training or retraining programs to admit or employ any17
individual in any such program on the basis of his actual or perceived sexual18
orientation, gender identity, or gender expression in those certain instances where19
actual or perceived sexual orientation, gender identity, or gender expression is a bona20
fide occupational qualification reasonably necessary for the normal operation of that21
particular business or enterprise.22
(2) An employer to apply different standards of compensation or different23
terms, conditions, or privileges of employment pursuant to a bona fide seniority or24
merit system, or a system which measures earnings by quantity or quality of25
production, or to employees who work in different locations, provided that such26
differences are not the result of an intention to discriminate because of actual or27
perceived sexual orientation, gender identity, or gender expression.28 HLS 14RS-1277 ORIGINAL
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(3) An employer to give and to act upon the results of any professionally1
developed ability test, provided that such test, its administration, or action upon the2
results is not designed, intended, or used to discriminate because of actual or3
perceived sexual orientation, gender identity, or gender expression.4
(4) An employer to establish appropriate dress and appearance requirements5
for its employees, provided that employers allow any employee to appear and dress6
in a manner consistent with the employee’s gender identity.7
(5) An employer to refuse to provide benefits for the partner of any8
employee.9
J. The provisions of this Section relative to discrimination on the basis of10
sexual orientation, gender identity, and gender expression shall not apply to a11
corporation, association, educational institution or institution of learning, or society12
that is exempt from the religious discrimination provisions of title VII of the Civil13
Rights Act of 1964 pursuant to section 702(1) or 703(e)(2) of such Act.14
Section 2. R.S. 38:2315 is hereby amended and reenacted and R.S. 38:1553.1 and15
2183 are hereby enacted to read as follows:16
§1553.1 Equal opportunity17
A. Every person shall be guaranteed equal employment opportunities in the18
selection of persons for procurement pursuant to this Chapter.19
B. Procurement contracts shall not discriminate against any person because20
of race, religion, national origin, age, sex, sexual orientation, gender identity, gender21
expression, or disabilities.22
C.(1) No governmental body, in the selection of a person for a procurement23
contract, shall discriminate against any person because that person is a member of24
a category designated in Subsection (B) of this Section.25
(2) No person awarded a procurement contract shall discriminate in the26
employment of an individual because that individual is a member of a category of27
persons designated in Subsection (B) of this Section.28 HLS 14RS-1277 ORIGINAL
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D.(1) Every contract, invitation to bid, or request for proposal pursuant to1
this Chapter, shall include a statement advising an applicant that, by signing the2
contract, bid document, or proposal, the applicant agrees that the applicant will not3
discriminate in the employment of individuals to perform the work or to provide4
materials, supplies, or services pursuant to the contract who are members of a5
category designated in Subsection (B) of this Section.6
(2) State agencies or other state entities may designate categories of persons7
or factors in addition to those provided in Subsection (B) of this Section in8
nondiscrimination clauses in a procurement contract, invitation to bid, or request for9
proposal.10
E. Nothing in this Section shall be construed to nullify or supersede any11
preference in law for veterans of the military or military service men or service12
women.13
F. Nothing in this Section shall be construed to nullify or supersede any14
minimum requirement related to education, licensure, or other vocational standards.15
* * *16
§2183. Equal opportunity17
A. Every person shall be guaranteed equal employment opportunities in the18
selection of persons for public contracts pursuant to this Chapter.19
B. Public contracts shall not discriminate against any person because of race,20
religion, national origin, age, sex, sexual orientation, gender identity, gender21
expression, or disability.22
C.(1) No public entity, in the selection of a person to award a public contract,23
shall discriminate against any person because that person is a member of a category24
designated in Subsection (B) of this Section.25
(2) No person awarded a public contract shall discriminate in the rendering26
of services to, or employment of, an individual because that individual is a member27
of a category of persons designated in Subsection (B) of this Section.28 HLS 14RS-1277 ORIGINAL
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D.(1) Every contract and bidding document shall include a statement1
advising that, by signing the contract, the contractor shall not discriminate in the2
rendering of services to, or employment of, individuals to perform the work, or to3
provide materials, supplies, or services pursuant to the contract, who are members4
of a category designated in Subsection (B) of this Section.5
(2) State agencies or other state entities may designate categories of persons6
or factors in addition to those provided in Subsection (B) of this Section in7
nondiscrimination clauses in public contracts.8
E. Nothing in this Section shall be construed to nullify or supersede any9
preference in law for veterans of the military or military service men or service10
women.11
F. Nothing in this Section shall be construed to nullify or supersede any12
minimum requirement related to education, licensure, or other vocational standards.13
* * *14
§2315. Equal opportunity15
Every person shall be guaranteed equal employment opportunities in the16
selection of persons for professional services, and such selection of persons for17
professional services and such selection shall not discriminate against any person18
because of race, religion, national ancestry origin, age, sex, or physical condition19
sexual orientation, gender identity, gender expression, or disability. If any person20
or persons violates the provisions of this section, they shall be subject to the same21
penalties as provided in R.S. 38:2314(A).22
* * *23
Section 3. R.S.51:2231(C), 2232(12), 2235(16)(a), 2236(A), and 2237(2) are hereby24
amended and reenacted to read as follows:25
§2231. Statement of purpose; limitation on prohibitions against discrimination26
because of age27
* * *28 HLS 14RS-1277 ORIGINAL
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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. 23:312,2
323, and 332, 335, sickle cell trait discrimination prohibited by R.S. 23:352, and3
discrimination because of pregnancy prohibited by R.S. 23:341 et seq.4
§2232. Definitions5
As used in this Chapter:6
* * *7
(12) "Discriminatory practice in connection with employment" means an8
employment practice prohibited by R.S. 23:312, 323, or 332, or 335.9
* * *10
§2235. Powers and duties of commission11
In the enforcement of this Chapter, the commission shall have the following12
powers and duties:13
* * *14
(16) To create local or statewide advisory committees that in its judgment15
will aid in effectuating the purposes of this Chapter. Members of such committees16
shall serve without pay but shall be reimbursed for expenses incurred in such service.17
The commission may make provision for technical and clerical assistance to the18
committees. The commission may empower these committees:19
(a) To study and report on problems of discrimination because of race, creed,20
color, religion, sex, age, disability, sexual orientation, gender identity, gender21
expression, or national origin.22
* * *23
§2236. Parishes and municipalities may prohibit discrimination24
A. Parishes and municipalities may adopt and enforce ordinances, orders,25
and resolutions prohibiting all forms of discrimination, including discrimination on26
the basis of race, creed, color, religion, national origin, sex, disability, sexual27
orientation, gender identity, gender expression, or age, and to prescribe penalties for28 HLS 14RS-1277 ORIGINAL
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violations thereof, such penalties being in addition to the remedial orders and1
enforcement herein authorized.2
* * *3
§2237. Local human rights commissions4
Any parish or municipality, or one or more parishes and municipalities acting5
jointly, may create a human rights commission, hereinafter referred to as a "local6
commission":7
* * *8
(2) To safeguard all individuals within its jurisdiction from discrimination9
because of race, creed, color, religion, national origin, sex, disability, sexual10
orientation, gender identity, gender expression, or age.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)]
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. HLS 14RS-1277 ORIGINAL
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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. HLS 14RS-1277 ORIGINAL
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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)