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Regular Session, 2014
SENATE BILL NO. 164
BY SENATOR MURRAY
DISCRIMINATION. Provides relative to discrimination. (8/1/14)
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), 2053(D)(3),3
3402(A), and 3991(B)(3), R.S. 22:1452(C)(25), 1454(A), and 1964(7)(f), R.S. 23:332 and4
2043(B)(1), R.S. 27:27.2(B) and 27.4, R.S. 37:1025(B), 1107(C), 1360.23(I), 1437(D),5
1455(A)(28), 2654(C)(1), 2719, 3425(C), and 3447(C), R.S. 38:2315, R.S. 39:1411, R.S.6
40:1232(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5), 2125(B), 2403(H)(1), and7
2504, R.S. 46:437.11(A), 1104, 1134, 1154, 1407(B)(1)(e)(introductory paragraph) and (F),8
1995, and 2205, R.S. 47:37(C) and 287.755(C), R.S. 48:274.1(C), R.S. 49:145 and9
146(A)(1), and R.S. 51:2231(A), 2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248,10
2254(1) and (2), 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5),11
2607(A) and (C), and 2608 and to enact R.S. 23:302(9) and (10), relative to discrimination;12
to expand the application of various provisions relative to discrimination by adding13
additional criteria, including gender identity or expression and sexual orientation and, in14
some cases, age, sex, or disability; to define terms for purposes of the Louisiana15
Employment Discrimination Law and for unlawful discrimination in employment; to provide16
for the definition of hate crimes; to remove certain activities from provisions for the attorney17 SB NO. 164
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general to institute civil proceedings against certain corporations; and to provide for related1
matters.2
Be it enacted by the Legislature of Louisiana:3
Section 1. R.S. 4:193(B) is hereby amended and reenacted to read as follows:4
§193. Categories of persons subject to exclusion and ejection; civil liberties5
* * *6
B. No person may be excluded or ejected on account of race, color, creed,7
sexual orientation, gender identity or expression, national origin, ancestry,8
disability, as defined in R.S. 51:2232(11), or gender.9
* * *10
Section 2. R.S. 9:3583 is hereby amended and reenacted to read as follows:11
§3583. Discrimination prohibited12
A. It shall be unlawful for any extender of credit to refuse to extend credit13
to any major or emancipated minor solely because of that person's race, color,14
religion, national origin, sex, age, sexual orientation, gender identity or15
expression, disability, or marital status.16
B. It shall also be unlawful for any extender of credit to require any major17
or emancipated minor to meet credit qualification standards not required of other18
persons similarly situated.19
Section 3. R.S. 12:1041(A) is hereby amended and reenacted to read as follows:20
§1041. Suppression of criminally operated businesses by domestic and foreign21
corporations; proceedings22
A. The attorney general is authorized to institute civil proceedings against23
any domestic corporation to procure a judgment annulling, vacating or forfeiting its24
articles of incorporation and franchise, and against any foreign corporation to revoke25
its certificate of authority to transact business in this state when:26
1. Any of the corporation officers or any other person controlling the27
management or operation of such corporation, with the knowledge of the president28
and a majority of the board of directors or under such circumstances that the29 SB NO. 164
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president and a majority of the directors should have knowledge, is a person or1
persons engaged in activities such as organized violent revolutionary or unlawful2
activity aimed at the overthrow of the government of the State of Louisiana or any3
of its political subdivisions, or any boards, commissions, agency or official of either,4
or any unlawful activity aimed at organized homosexuality, organized crimes against5
nature, organized prostitution, organized gambling, organized narcotics, organized6
extortion or organized embezzlement, or who is connected directly or indirectly with7
organizations, syndicates , or criminal societies engaged in any of these; or8
2. A director, officer, employee, agent or stockholder acting for, through or9
on behalf of such corporation has, in conducting the corporation's affairs, purposely10
engaged in a persistent course of violent revolutionary or unlawful activity aimed at11
the overthrow of the government of the State of Louisiana or any of its political12
subdivisions, or any boards, commissions, agency, or official or any unlawful13
activity aimed at homosexuality, crimes against nature, intimidation and coercion,14
bribery, prostitution, gambling, extortion, embezzlement, unlawful sale of narcotics15
or other illegal conduct, with the knowledge of the president and majority of the16
board of directors or under such circumstances that the president and a majority of17
the directors should have knowledge, with the intent to compel or induce other18
persons, firms, or corporations to deal with such corporation or engage in any such19
illegal conduct, and20
3. For the prevention of future illegal conduct of the same character, the21
public interest requires the charter of the corporation to be annulled, vacated, or22
forfeited and the corporation to be dissolved or the certificate of authority to transact23
business in this state revoked.24
* * *25
Section 4. R.S. 14:107.2(A) and 326(C) are hereby amended and reenacted to read26
as follows:27
§107.2. Hate crimes28
A. It shall be unlawful for any person to select the victim of the following29 SB NO. 164
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offenses against person and property because of actual or perceived race, age,1
gender, gender identity or expression, religion, color, creed, disability, sexual2
orientation, national origin, or ancestry of that person or the owner or occupant of3
that property or because of actual or perceived membership or service in, or4
employment with, an organization: first or second degree murder; manslaughter;5
battery; aggravated battery; second degree battery; aggravated assault with a firearm;6
terrorizing; mingling harmful substances; simple, forcible, or aggravated rape; sexual7
battery, second degree sexual battery; oral sexual battery; carnal knowledge of a8
juvenile; indecent behavior with juveniles; molestation of a juvenile or a person with9
a physical or mental disability; simple, second degree, or aggravated kidnapping;10
simple or aggravated arson; placing combustible materials; communicating of false11
information of planned arson; simple or aggravated criminal damage to property;12
contamination of water supplies; simple or aggravated burglary; criminal trespass;13
simple, first degree, or armed robbery; purse snatching; extortion; theft; desecration14
of graves; institutional vandalism; or assault by drive-by shooting.15
* * *16
§326. Processions, marches, parades, or demonstrations; permits; liability; bond;17
exemptions; penalty18
* * *19
C. The provisions of this Section shall apply to all groups, associations, or20
organizations regardless of race, creed, age, sex, sexual orientation, gender21
identity or expression, disability, as defined in R.S. 51:2232(11), color, or political22
beliefs of its members; however, nothing contained herein shall apply to a bona fide23
legitimate labor organization or professional firefighter or police association or to24
any lawful activity of a labor union permitted by law, nor shall these provisions25
apply to any procession or parade directly held or sponsored by the governing26
authority of any municipality or the governing authority of any parish, nor shall these27
provisions apply to any procession, march, or parade directly held or sponsored by28
a bona fide organization specifically for the celebration of Mardi Gras and/or directly29 SB NO. 164
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related prelenten or carnival festivities, school parades or other functions, parish1
parades or other functions, state, parish, or municipal fairs or other such related2
activities. However, the provisions of this Section shall apply only to parishes with3
a population of more than four hundred fifty thousand.4
* * *5
Section 5: R.S. 15:1204.2(B)(4) and 1402(A) are hereby amended and reenacted to6
read as follows:7
§1204.2. Creation of system; functions; powers; duties8
* * *9
B. The system, by and through the commission, shall have the following10
functions, powers, and duties:11
* * *12
(4) To prepare and distribute, to all such persons and agencies, forms to be13
used in reporting data to the system. The forms shall provide for information14
regarding crimes which are directed against individuals or groups, or their property,15
by reason of their actual or perceived race, age, gender, gender identity or16
expression, religion, color, creed, disability, sexual orientation, national origin, or17
ancestry or by reason of their actual or perceived membership or service in, or18
employment with, an organization as defined in R.S. 14:107.2. The forms shall also19
provide for other items of information needed by federal and state bureaus or20
departments engaged in the development of national and state statistics.21
* * *22
§1402. Legislative findings and declaration23
A. The legislature hereby finds and declares that it is the right of every24
person, regardless of race, color, creed, religion, national origin, sex, sexual25
orientation, gender identity or expression, age, or handicap disability, to be secure26
and protected from fear, intimidation, and physical harm caused by the activities of27
violent groups and individuals. It is not the intent of this Chapter to interfere with28
the constitutional exercise of the protected rights of freedom of expression and29 SB NO. 164
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association. The legislature hereby recognizes the right of every citizen to harbor1
and constitutionally express beliefs on any lawful subject whatsoever, to associate2
lawfully with others who share similar beliefs, to petition lawfully constituted3
authority for a redress of perceived grievances, and to participate in the electoral4
process.5
* * *6
Section 6. R.S. 17:111, 158(F), 1676(D), 2053(D)(3), 3402(A), and 3991(B)(3) are7
hereby amended and reenacted to read as follows:8
§111. Discrimination in public schools prohibited; pupil assignment; religious9
educational institutions10
A. No person shall be refused admission into or be excluded from any public11
school in the state of Louisiana on account of race, creed, color, sex, sexual12
orientation, gender identity or expression, disability, as defined in R.S.13
51:2232(11), or national origin.14
B. Except with the express approval of a board of education or school board15
having jurisdiction, a majority of the members of such board having been elected,16
no student shall be assigned or compelled to attend any school on account of race,17
creed, color, sexual orientation, gender identity or expression, disability, or18
national origin, or for the purpose of achieving equality in attendance or increased19
attendance or reduced attendance, at any school, of persons of one or more particular20
races, creeds, colors, sexual orientations, gender identities or expressions,21
disabilities, or national origins, and no school district, school zone or attendance22
unit, by whatever name known, shall be established, reorganized, or maintained for23
any such purpose, provided that nothing contained in this section Section shall24
prevent the assignment of a pupil in the manner requested or authorized by his25
parents or guardian, and provided further that nothing in this Act shall be deemed to26
affect, in any way, the right of a religious or denominational educational institution27
to select its pupils exclusively or primarily from members of such religion or28
denomination or from giving preference to such selection to such members or to29 SB NO. 164
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make such selection to its pupils as is calculated to promote the religious principle1
for which it is established.2
* * *3
§158. School buses for transportation of students; employment of bus operators;4
alternative means of transportation; improvement of school bus5
turnarounds6
* * *7
F. The provisions of this Section shall apply to eligible public and nonpublic8
school students. However, these provisions shall not apply to any student or the9
parent or tutor of any student who attends a school which discriminates on the basis10
of race, creed, color, sex, sexual orientation, gender identity or expression, or11
national origin.12
* * *13
§1676. Recipients and awards of scholarships14
* * *15
D. Scholarship awards shall be made without regard to the applicant's race,16
disability, as defined in R.S. 51:2232(11), creed, color, sex, sexual orientation,17
gender identity or expression, national origin, or ancestry; and in making18
scholarship awards, the department shall provide a fair and equitable geographical19
distribution of the awards and shall treat all approved institutions of higher education20
in a fair and equitable manner.21
* * *22
§2053. Payments to independent institutions of higher learning for educating23
Louisiana residents24
* * *25
D. As used in this Section, the term "eligible institutions" shall mean26
Centenary College, Dillard University, Our Lady of Holy Cross College, Louisiana27
College, Loyola University, Our Lady of the Lake College, St. Joseph Seminary28
College, Tulane University, and Xavier University, all in Louisiana. In order to29 SB NO. 164
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qualify for payments made by the Board of Regents under this Section, eligible1
institutions shall:2
* * *3
(3) Admit students without regard to race, religion, color, sex, sexual4
orientation, gender identity or expression, disability, or national origin.5
* * *6
§3402. Minimum requirements for school certification; admission policies;7
environment; program8
The minimum requirements for certification as a Montessori school shall be9
as follows:10
A. Admission policies11
All admissions in a Montessori school shall be open to all persons of all12
races, creeds, sex, sexual orientation, gender identity or expression, or color, and13
to all persons with disabilities as defined in R.S. 51:2232(11).14
* * *15
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation16
* * *17
B. Each proposed charter shall contain or make provision for the following:18
* * *19
(3) Admission requirements, if any, that are consistent with the school's role,20
scope, and mission may be established pursuant to rules promulgated by the state21
board. Such admission requirements shall be specific and shall include a system for22
admission decisions which precludes exclusion of pupils based on race, religion,23
gender, ethnicity, sexual orientation, gender identity or expression, national24
origin, intelligence level as ascertained by an intelligence quotient examination, or25
identification as a student with an exceptionality as defined in R.S. 17:1942(B).26
Such admission requirements may include, however, specific requirements related27
to a school's mission such as auditions for schools with a performing arts mission or28
proficiency in a foreign language for schools with a language immersion mission.29 SB NO. 164
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Any school which was chartered prior to July 1, 2012, and which incorporated1
achievement of a certain academic record as part of its admission requirements may2
continue to utilize such admission requirements. No local board shall assign any3
pupil to attend a charter school.4
* * *5
Section 7. R.S. 22:1452(C)(25), 1454(A), and 1964(7)(f) are hereby amended and6
reenacted to read as follows:7
§1452. Purpose of rate regulation; construction; definitions8
* * *9
C. As used in this Subpart, the following definitions shall be applicable:10
* * *11
(25) "Unfairly discriminatory" means not capable of being actuarially12
justified or based on race, color, creed, age, sex, sexual orientation, gender identity13
or expression, disability, or national origin. It does not refer to rates that produce14
differences in premiums for policyholders with different loss exposures, so long as15
the rate is actuarially justified and reflects such differences with reasonable accuracy.16
* * *17
§1454. Rating standards and methods18
A. Rates shall not be inadequate or unfairly discriminatory in a competitive19
market. Rates shall not be excessive, inadequate, or unfairly discriminatory in a20
noncompetitive market. Risks may be classified using any criteria except that no21
risk shall be classified on the basis of race, color, creed, sex, sexual orientation,22
gender identity or expression, disability, or national origin.23
* * *24
§1964. Methods, acts, and practices which are defined as unfair or deceptive25
The following are declared to be unfair methods of competition and unfair26
or deceptive acts or practices in the business of insurance:27
* * *28
(7) Unfair discrimination.29 SB NO. 164
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* * *1
(f) Refusing to insure, refusing to continue to insure, or limiting the amount2
of coverage available to an individual solely because of the sex, marital status, race,3
religion, age, sexual orientation, gender identity or expression, disability, or4
national origin of the individual. However, nothing in this Subsection shall prohibit5
an insurer from taking marital status into account for the purpose of defining persons6
eligible for dependent benefits. Nothing in this Section shall prohibit or limit the7
operation of fraternal benefit societies.8
* * *9
Section 8. R.S. 23:332 and 2043(B)(1) are hereby amended and reenacted and R.S.10
23:302(9) and (10) are hereby enacted to read as follows:11
§302. Definitions12
For purposes of this Chapter and unless the context clearly indicates13
otherwise, the following terms shall have the following meanings ascribed to them:14
* * *15
(9) "Sexual orientation" means an individual's actual or perceived16
heterosexuality, homosexuality, or bisexuality.17
(10) "Gender identity or expression" means a gender-related identity,18
appearance, expression, or behavior of a person, regardless of the person's19
assigned sex at birth.20
* * *21
§332. Intentional discrimination in employment22
A. It shall be unlawful discrimination in employment for an employer to23
engage in any of the following practices:24
(1) Intentionally fail or refuse to hire or to discharge any individual, or25
otherwise to intentionally discriminate against any individual with respect to his26
compensation, or his terms, conditions, or privileges of employment, because of the27
individual's race, color, religion, sex, age, sexual orientation, gender identity or28
expression, or national origin.29 SB NO. 164
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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,10
gender 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, or16
national 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 SB NO. 164
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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 SB NO. 164
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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 certain14
instances where religion, sex, age, sexual orientation, gender identity or15
expression, or national origin is a bona fide occupational qualification reasonably16
necessary for the normal 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 SB NO. 164
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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 SB NO. 164
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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 identity7
or 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 identity14
or 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, or physical impairment age, sexual orientation,21
gender identity or expression, or disability.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
* * *29 SB NO. 164
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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
* * *28
§2654. Board of examiners; creation; membership; appointment; terms; chair;29 SB NO. 164
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quorum1
* * *2
C.(1) Appointment to the board shall be made without regard to race, creed,3
sex, religion, sexual orientation, gender identity or expression, disability, or4
national origin of the appointee. The Louisiana Speech-Language-Hearing5
Association shall, within not less than thirty days prior to the expiration of each term6
of office, submit to the governor a list of at least three names for each respective7
professional service category of board member, except the physician member and the8
public member, selected by all licensed speech-language pathologists and9
audiologists in this state, from which the governor shall make his appointment to fill10
the office for the next succeeding term.11
* * *12
§2719. Discrimination13
No license, certificate, or registration shall be denied any applicant based14
upon the applicant's race, religion, creed, national origin, sex, or physical impairment15
so long as the physical impairment does not interfere with the performance of16
professional duties age, sexual orientation, gender identity or expression, or17
disability.18
* * *19
§3425. Qualifications for licensure; renewal20
* * *21
C. No license shall be denied any applicant based upon the applicant's race,22
religion, creed, national origin, sex, or physical impairment age, sexual orientation,23
gender identity or expression, or disability.24
* * *25
§3447. Requirements for licensed professional vocational counselor; renewal of26
license27
* * *28
C. No license shall be denied any applicant based upon the applicant's race,29 SB NO. 164
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religion, creed, national origin, sex, or physical impairment age, sexual orientation,1
gender identity or expression, or disability.2
Section 11. R.S. 38:2315 is hereby amended and reenacted to read as follows:3
§2315. Equal opportunity4
Every person shall be guaranteed equal employment opportunities in the5
selection of persons for professional services and such selection of persons for6
professional services and such selection shall not discriminate against any person7
because of race, religion, national ancestry, age, sex, sexual orientation, gender8
identity or expression, or physical condition disability. If any person or persons9
violates the provisions of this section Section, they shall be subject to the same10
penalties as provided in R.S. 38:2314(A).11
Section 12. R.S. 39:1411 is hereby amended and reenacted to read as follows:12
§1411. No state assistance for discriminatory programs13
No person in the State of Louisiana shall, on the ground of race, color,14
religion, age, sex, sexual orientation, gender identity or expression, disability, or15
national origin, be excluded from participation in, be denied the benefits of, or be16
subjected to discrimination under any program or activity receiving state financial17
assistance.18
Section 13. R.S. 40:1232(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5),19
2125(B), 2403(H)(1), and 2504 are hereby amended and reenacted to read as follows:20
§1232. Emergency medical personnel training; licensure21
* * *22
C. The bureau shall affirmatively provide that there is no discrimination23
toward any individual in the licensure process on the basis of race, religion, creed,24
national origin, sex, sexual orientation, gender identity or expression, disability,25
or age.26
* * *27
§2113.4. Duty to provide services; penalty28
A. Any general hospital licensed under this Part, which is owned or operated,29 SB NO. 164
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or both, by a hospital service district, which benefits from being financed by the sale1
of bonds that are exempt from taxation as provided by Louisiana law, or which2
receives any other type of financial assistance from the state of Louisiana and which3
offers emergency room services to the public and is actually offering such services4
at the time, shall make its emergency services available to all persons residing in the5
territorial area of the hospital regardless of whether the person is covered by private,6
federal Medicare or Medicaid, or other insurance. Each person shall receive these7
services free from discrimination based on race, religion, or national ancestry and8
from arbitrary, capricious, or unreasonable discrimination based on age, sex, or9
physical condition and sexual orientation, gender identity or expression,10
disability, or economic status. However, in no event shall emergency treatment be11
denied to anyone on account of inability to pay. Any such hospital found to be in12
violation of this Section shall not receive any client referrals from the Department13
of Health and Hospitals.14
* * *15
§2113.6. Emergency diagnoses and services; denial for inability to pay;16
discriminatory practices17
A.(1) No officer, employee, or member of the medical staff of a hospital18
licensed by the Department of Health and Hospitals shall deny emergency services19
available at the hospital to a person diagnosed by a licensed physician as requiring20
emergency services because the person is unable to establish his ability to pay for the21
services or because of race, religion, or national ancestry. In addition, the person22
needing the services shall not be subjected by any such person to arbitrary,23
capricious, or unreasonable discrimination based on age, sex, physical condition,24
sexual orientation, gender identity or expression, disability, or economic status.25
* * *26
B. No officer, employee, or member of the medical staff of a hospital27
licensed by the Department of Health and Hospitals shall deny a person in need of28
emergency services access to diagnosis by a licensed physician on the staff of the29 SB NO. 164
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hospital because the person is unable to establish his ability to pay for the services1
or because of race, religion, or national ancestry. In addition, the person needing the2
services shall not be subjected by any such person to arbitrary, capricious, or3
unreasonable discrimination based on age, sex, physical condition, sexual4
orientation, gender identity or expression, disability, or economic status.5
* * *6
§2120.35. Rules, regulations, and standards for licenses7
* * *8
B. The department shall promulgate minimum standards for adult brain9
injury facilities as defined in this Part which, at a minimum, shall:10
* * *11
(5) Prohibit discrimination by brain injury facilities on the basis of race,12
color, creed, sex, age, sexual orientation, gender identity or expression, disability,13
as defined in R.S. 51:2232(11), national origin, or ancestry.14
* * *15
§2125. Age; continuation of assistance; discrimination16
* * *17
B. Such assistance shall not be provided where an institution or provider18
discriminates against those seeking services provided herein on the basis of race,19
color, creed, sex, sexual orientation, gender identity or expression, disability, as20
defined in R.S. 51:2232(11), or national origin.21
* * *22
§2403. Council on Peace Officer Standards and Training23
* * *24
H.(1) The council may establish and implement curricula and publish25
training materials to train peace officers to identify, respond to, and report all crimes26
which are directed against individuals or groups, or their property, by reason of their27
actual or perceived race, age, gender, gender identity or expression, religion, color,28
creed, disability, sexual orientation, national origin, or ancestry.29 SB NO. 164
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* * *1
§2504. Authority to contract2
The Interagency Recreation Board may enter into contracts with the private3
sector for the maintenance, upkeep, and management of golf courses, tennis courts,4
ball parks, and recreation facilities constructed under the provisions of this Chapter5
and may enter into other such contracts as may be necessary or appropriate to6
implement the provisions of this Chapter or any other functions of the board as7
provided by law, all in accordance with applicable laws. However, any such private8
contractor shall not in any way prohibit or restrict public access to any recreation9
facilities constructed under the provisions of this Chapter on the basis of race, sex,10
creed, age, sexual orientation, gender identity or expression, disability, or color.11
Section 14. R.S. 46:437.11(A), 1104, 1134, 1154, 1407(B)(1)(e)(introductory12
paragraph) and (F), 1995, and 2205 are hereby amended and reenacted to read as follows:13
§437.11. Provider agreements14
A. The department shall make payments from medical assistance programs15
funds for goods, services, or supplies rendered to recipients to any person who has16
a provider agreement in effect with the department, who is complying with all17
federal and state laws and rules pertaining to the medical assistance programs, and18
who agrees that no person shall be subjected to discrimination under the medical19
assistance programs because of race, creed, ethnic origin, sex, age, sexual20
orientation, gender identity or expression, or physical condition. disability.21
* * *22
§1104. Application consideration; evaluation23
It shall be the duty of the board of commissioners to receive, consider,24
evaluate, and allow or disallow all applications for scholarships made by eligible25
applicants. The board of commissioners shall make careful and full investigation of26
the ability and qualifications of each applicant. The board of commissioners shall27
provide that an affirmative action program for the selection of recipients be28
established which shall include that no discrimination occur on the basis of race,29 SB NO. 164
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creed, sex, age, sexual orientation, gender identity or expression, disability, or1
ethnic origin. The board of commissioners shall establish and publish rules on the2
selection process of the recipient which shall preclude the appearance of and the3
possibility of nepotism. The board of commissioners shall notify each applicant4
selected to receive a scholarship of his selection and shall also notify the dean of the5
medical school to which the recipient has been admitted or in which he is engaged6
in study, or the chief administrator of any internship or residency program in which7
the applicant is engaged.8
* * *9
§1134. Application consideration; evaluation10
It shall be the duty of the board of commissioners to receive, consider,11
evaluate, and allow or disallow all applications for scholarships made by eligible12
applicants. The board of commissioners shall make careful and full investigation of13
the ability and qualifications of each applicant. The board of commissioners shall14
provide that an affirmative action program for the selection of recipients be15
established which shall include that no discrimination occur on the basis of race,16
creed, sex, age, sexual orientation, gender identity or expression, disability, or17
ethnic origin. The board of commissioners shall establish and publish rules on the18
selection process of the recipient which shall preclude the appearance of and the19
possibility of nepotism. The board of commissioners shall notify each applicant20
selected to receive a scholarship of his selection and shall also notify the dean of the21
nursing school or office of financial assistance at the school where the student is22
registered.23
* * *24
§1154. Application consideration; evaluation25
The board shall receive, consider, evaluate, and allow or disallow all26
applications for scholarships made by eligible applicants. The board shall make27
careful and full investigation of the ability and qualifications of each applicant. The28
board shall ensure that no discrimination occurs on the basis of race, creed, sex, age,29 SB NO. 164
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sexual orientation, gender identity or expression, disability, or ethnic origin. The1
board shall establish and publish rules on the selection process of the recipient which2
shall preclude the appearance of and the possibility of nepotism. The board shall3
notify each applicant selected to receive a scholarship of his selection and shall also4
notify the dean of the school or office of financial assistance at the school where the5
student is registered.6
* * *7
§1407. Rules, regulations, and standards for licenses8
* * *9
B.(1) The regulations developed by this department, at a minimum, shall10
accomplish all of the following:11
* * *12
(e) Prohibit discrimination by early childhood learning centers and13
specialized providers on the basis of race, color, creed, sex, sexual orientation,14
gender identity or expression, national origin, handicap disability, ancestry, or15
whether the child is being breastfed. However, nothing in this Subparagraph shall16
be construed to affect, limit, or otherwise restrict any of the following:17
* * *18
F. Discrimination by child care facilities and child-placing agencies on the19
basis of race, color, creed, sex, sexual orientation, gender identity or expression,20
national origin, disability as defined by R.S. 51:2232(11), ancestry, or whether the21
child is being breastfed is prohibited. However, this shall not restrict the hiring or22
admission policies of a church or religious organization, which may give preference23
in hiring or admission to members of the church or denomination.24
* * *25
§1995. Nondiscrimination26
No citizen of this state shall on the ground of sex, sexual orientation, gender27
identity or expression, disability, age, race, color, religion, or national origin be28
excluded from participating in, be denied the benefits of, or be subjected to29 SB NO. 164
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discrimination under, any program or activity funded in whole or in part with funds1
made available under this Chapter.2
* * *3
§2205. Nondiscrimination of policy4
All organizations receiving grants under this Chapter shall provide the5
required transportation services without regard to the race, religion, sex, sexual6
orientation, gender identity or expression, national ancestry, place of residence,7
or income level of the persons needing the assistance.8
Section 15. R.S. 47:37(C) and 287.755(C) are hereby amended and reenacted to read9
as follows:10
§37. Tax credit for contributions to educational institutions11
* * *12
C. There shall be allowed a credit against the tax liability due under the13
income tax for donations, contributions, or sales below cost of tangible movable14
property made to educational institutions in the state of Louisiana. The credit15
allowed by this Section shall be computed at the rate of forty percent of such16
property's value, as defined herein, or, in the case of a sale below cost, forty percent17
of the difference between the price received for the tangible movable property by the18
taxpayer and the value of the property as defined herein. The credit shall be limited19
to the total of the tax liability for the taxable year for which it is being claimed and20
shall be in lieu of the deductions from gross income provided for in R.S. 47:57. The21
credit shall not be allowed if the taxpayer arbitrarily, capriciously, or unreasonably22
discriminates against any person because of race, religion, age, sex, sexual23
orientation, gender identity or expression, disability, ideas, beliefs, or affiliations.24
* * *25
§287.755. Tax credit for contributions to educational institutions26
* * *27
C. There shall be allowed a credit against the tax liability due under the28
income tax for donations, contributions, or sales below cost of tangible movable29 SB NO. 164
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property made to educational institutions in the state of Louisiana. The credit1
allowed by this Section shall be computed at the rate of forty percent of such2
property's value, as defined herein, or, in the case of a sale below cost, forty percent3
of the difference between the price received for the tangible movable property by the4
taxpayer and the value of the property as defined herein. The credit shall be limited5
to the total of the tax liability for the taxable year for which it is being claimed and6
shall be in lieu of the deductions from gross income provided for in R.S. 47:57. The7
credit shall not be allowed if the taxpayer arbitrarily, capriciously, or unreasonably8
discriminates against any person because of race, religion, age, sex, sexual9
orientation, gender identity or expression, disability, ideas, beliefs, or affiliations.10
* * *11
Section 16. R.S. 48:274.1(C) is hereby amended and reenacted to read as follows:12
§274.1. Placing of specific information logo signs on interstate highways; contracts13
with third parties14
* * *15
C. Each business indentified identified on a specific information logo sign16
shall give written assurance to the department of its conformity with all applicable17
laws concerning the provision of public accommodations without regard to18
discrimination based on race, religion, color, sex, age, sexual orientation, gender19
identity or expression, disability, or national origin and shall not be in breach of20
that assurance.21
* * *22
Section 17. R.S. 49:145 and 146(A)(1) are hereby amended and reenacted to read23
as follows:24
§145. Use of public buildings; discrimination25
No person shall be denied access to any public meeting in any public building26
or facility used or owned by the state or any political subdivision of the state because27
of race, color, creed, age, sex, sexual orientation, gender identity or expression,28
or physical or mental disability. For purposes of this Section, a public meeting is a29 SB NO. 164
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meeting which is advertised as being open to the general public.1
§146. Facilities to which public invited; discrimination2
A.(1) In access to public areas, public accommodations, and public facilities,3
every person shall be free from discrimination based on race, religion, or national4
ancestry and from arbitrary, capricious, or unreasonable discrimination based on age,5
sex, sexual orientation, gender identity or expression, or physical or mental6
disability.7
* * * 8
Section 18. R.S. 51:2231(A), 2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248,9
2254(1) and (2), 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5),10
2607(A) and (C), and 2608 are hereby amended and reenacted to read as follows:11
§2231. Statement of purpose; limitation on prohibitions against discrimination12
because of age13
A. It is the purpose and intent of the legislature by this enactment to provide14
for execution within Louisiana of the policies embodied in the Federal Civil Rights15
Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of16
1967, as amended; and to assure that Louisiana has appropriate legislation17
prohibiting discrimination in public accommodations sufficient to justify the deferral18
of cases by the federal Equal Employment Opportunity Commission, the executive19
director of the Louisiana Workforce Commission, and the Department of Justice20
under those statutes; to safeguard all individuals within the state from discrimination21
because of race, creed, color, religion, sex, sexual orientation, gender identity or22
expression, age, disability, or national origin in connection with employment and in23
connection with public accommodations; to protect their interest in personal dignity24
and freedom from humiliation; to make available to the state their full productive25
capacities in employment; to secure the state against domestic strife and unrest26
which would menace its democratic institutions; to preserve the public safety, health,27
and general welfare; and to further the interest, rights, and privileges within the state.28
* * *29 SB NO. 164
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§2232. Definitions1
As used in this Chapter:2
* * *3
(3) "Discriminatory practice in connection with public accommodations"4
means any direct or indirect act or practice of exclusion, distinction, restriction,5
segregation, limitation, refusal, denial, or any other act or practice of differentiation6
or preference in the treatment of a person or persons because of race, creed, color,7
religion, sex, sexual orientation, gender identity or expression, age, disability, or8
national origin.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, sexual orientation, gender identity or expression, age,21
disability, 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, sexual orientation,27
gender identity or expression, disability, or age, and to prescribe penalties for28
violations thereof, such penalties being in addition to the remedial orders and29 SB NO. 164
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enforcement herein authorized.1
* * *2
§2237. Local human rights commissions3
Any parish or municipality, or one or more parishes and municipalities acting4
jointly, may create a human rights commission, hereinafter referred to as a "local5
commission":6
* * *7
(2) To safeguard all individuals within its jurisdiction from discrimination8
because of race, creed, color, religion, national origin, sex, sexual orientation,9
gender identity or expression, disability, or age.10
* * *11
§2247. Public accommodations, resorts, amusements; discriminatory practices12
prohibited13
Except as otherwise provided in this Chapter, it is a discriminatory practice14
for a person to deny an individual the full and equal enjoyment of the goods,15
services, facilities, privileges, advantages, and accommodations of a place of public16
accommodation, resort, or amusement, as defined in this Chapter, on the grounds of17
race, creed, color, religion, sex, sexual orientation, gender identity or expression,18
age, disability, as defined in R.S. 51:2232(11), or national origin.19
§2248. Advertisement of accommodations, goods, services20
It shall be an unlawful practice for a person, directly or indirectly, to publish,21
circulate, issue, display, mail, or cause to be published, circulated, issued, displayed,22
or mailed, a written, printed, oral, or visual communication, notice, or advertisement23
which indicates that the goods, services, facilities, privileges, advantages, and24
accommodations of a place of public accommodation, resort, or amusement shall be25
refused, withheld from, or denied an individual on account of his race, color,26
religion, age, sex, sexual orientation, gender identity or expression, disability, as27
defined in R.S. 51:2232(11), or national origin, or that the patronage of or presence28
at a place of public accommodations, resort, or amusement of an individual on29 SB NO. 164
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account of his race, color, religion, age, sex, sexual orientation, gender identity or1
expression, disability, as defined in R.S. 51:2232(11), or national origin is2
objectionable, unwelcome, unacceptable, or undesirable.3
§2254. Unlawful financial practices4
It shall be an unlawful practice for a financial institution or an individual5
employed by or acting on behalf of a financial institution:6
(1) To discriminate against an individual because of the race, creed, color,7
religion, national origin, sex, age, sexual orientation, gender identity or8
expression, disability, as defined in R.S. 51:2232(11), or age of the individual or the9
present or prospective owner, tenant, or occupant of the immovable property or of10
a member, stockholder, director, officer, employee, or representative of any of these,11
in the granting, withholding, extending, modifying, or renewing of rates, terms,12
conditions, privileges, or other provisions of financial assistance or in the extension13
of services in connection therewith.14
(2) To use a form of application for financial assistance or to make or keep15
a record or inquiry in connection with applications for financial assistance which16
indicates directly or indirectly a limitation, specification, or discrimination, as to17
race, creed, color, religion, age, sex, sexual orientation, gender identity or18
expression, disability, as defined in R.S. 51:2232(11), or national origin, or an intent19
to make such a limitation, specification, or discrimination.20
* * *21
§2255. Unlawful practices in connection with credit transactions; exceptions22
A. It shall be an unlawful practice for any person, whether acting for himself23
or another, in connection with any credit transaction because of race, creed, color,24
religion, national origin, disability, as defined in R.S. 51:2232(11), or sex, age,25
sexual orientation, gender identity or expression:26
* * *27
§2602. Policy28
A. The legislature finds and declares that persons in this state who seek a29 SB NO. 164
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place to live should be able to find such housing whenever it is available. Further,1
in many localities there may be housing shortages. All persons should therefore be2
able to compete for available housing on an open, fair, and equitable basis, regardless3
of race, color, religion, sex, handicap age, sexual orientation, gender identity or4
expression, disability, familial status, or national origin.5
* * *6
§2606. Discrimination in sale or rental of housing and other prohibited practices7
A. As made applicable by R.S. 51:2604, and except as exempted by8
Subsection B thereof and R.S. 51:2605, it is unlawful:9
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse10
to negotiate for the sale or rental of, or otherwise make unavailable or deny, a11
dwelling to any person because of race, color, religion, sex, age, sexual orientation,12
gender identity or expression, familial status, or national origin.13
(2) To discriminate against any person in the terms, conditions, or privileges14
of sale or rental of a dwelling, or in the provision of services or facilities in15
connection therewith, because of race, color, religion, sex, age, sexual orientation,16
gender identity or expression, familial status, or national origin.17
(3) To make, print, or publish, or cause to be made, printed, or published any18
notice, statement, or advertisement, with respect to the sale or rental of a dwelling19
that indicates any preference, limitation, or discrimination based on race, color,20
religion, sex, handicap age, sexual orientation, gender identity or expression,21
disability, familial status, or national origin, or an intention to make any such22
preference, limitation, or discrimination.23
(4) To represent to any person because of race, color, religion, sex, handicap24
age, sexual orientation, gender identity or expression, disability, familial status,25
or national origin that any dwelling is not available for inspection, sale, or rental26
when such dwelling is in fact so available.27
(5) For profit, to induce or attempt to induce any person to sell or rent any28
dwelling by representations regarding the entry or prospective entry into the29 SB NO. 164
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neighborhood of a person or persons of a particular race, color, religion, sex,1
handicap age, sexual orientation, gender identity or expression, disability,2
familial status, or national origin.3
* * *4
§2607. Discrimination in residential real estate related transactions5
A. It is unlawful for any person or other entity whose business includes6
engaging in residential real estate related transactions to discriminate against any7
person in making available such a transaction, or in the terms or conditions of such8
a transaction, because of race, color, religion, sex, handicap age, sexual orientation,9
gender identity or expression, disability, familial status, or national origin.10
* * *11
C. Nothing in this Chapter prohibits a person engaged in the business of12
furnishing appraisals of real property to take into consideration factors other than13
race, color, religion, national origin, sex, handicap age, sexual orientation, gender14
identity or expression, disability, or familial status.15
§2608. Discrimination in provision of brokerage services16
It is unlawful to deny any person access to or membership or participation in17
any multiple-listing service, real estate brokers' organization or other service,18
organization, or facility relating to the business of selling or renting dwellings, or to19
discriminate against him in the terms or conditions of such access, membership, or20
participation, on account of race, color, religion, sex, handicap age, sexual21
orientation, gender identity or expression, disability, familial status, or national22
origin.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
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: SB NO. 164
SLS 14RS-189 ORIGINAL
Page 32 of 38
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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)
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 SB NO. 164
SLS 14RS-189 ORIGINAL
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 which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
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 SB NO. 164
SLS 14RS-189 ORIGINAL
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 which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
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 SB NO. 164
SLS 14RS-189 ORIGINAL
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 which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
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 SB NO. 164
SLS 14RS-189 ORIGINAL
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 which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
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 SB NO. 164
SLS 14RS-189 ORIGINAL
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 which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
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 SB NO. 164
SLS 14RS-189 ORIGINAL
Page 38 of 38
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(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.
Effective August 1, 2014.
(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))