HLS 15RS-1209 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 612
BY REPRESENTATIVE BADON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DISCRIMINATION: Provides relative to discrimination
1 AN ACT
2To amend and reenact R.S. 4:193(B), R.S. 9:3583, R.S. 12:1041(A), R.S. 14:107.2(A) and
3 326(C), R.S. 15:1204.2(B)(4) and 1402(A), R.S. 17:111, 158(F), 1676(D),
4 2053(D)(3), 3402(A), and 3991(B)(3), R.S. 22:1452(C)(25), 1454(A), and
5 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),
6 1107(C), 1360.23(I), 1437(D), 1455(A)(28), 2654(C)(1), 2719, 3425(C), and
7 3447(C), R.S. 38:2315, R.S. 39:1411, R.S. 40:1232(C), 2113.4(A), 2113.6(A)(1) and
8 (B), 2120.35(B)(5), 2125(B), 2403(H)(1), and 2504, R.S. 46:437.11(A), 1104, 1134,
9 1154, 1407(B)(1)(e)(introductory paragraph) and (F), 1995, and 2205, R.S. 47:37(C)
10 and 287.755(C), R.S. 48:274.1(C), R.S. 49:145 and 146(A)(1), and R.S. 51:2231(A),
11 2232(5), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2),
12 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5), 2607(A) and
13 (C), and 2608 and to enact R.S. 23:302(9) and (10); relative to discrimination; to
14 expand the application of various provisions relative to discrimination by adding
15 additional criteria, including gender identity or expression and sexual orientation
16 and, in some cases, age, sex, or disability; to define terms for purposes of the
17 Louisiana Employment Discrimination Law and for unlawful discrimination in
18 employment; to provide for the definition of hate crimes; to remove certain activities
19 from provisions for the attorney general to institute civil proceedings against certain
20 corporations; and to provide for related matters.
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1Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S. 4:193(B) is hereby amended and reenacted to read as follows:
3 §193. Categories of persons subject to exclusion and ejection; civil liberties
4 * * *
5 B. No person may be excluded or ejected on account of race, color, creed,
6 sexual orientation, gender identity or expression, national origin, ancestry, disability,
7 as defined in R.S. 51:2232(11), or gender.
8 * * *
9 Section 2. R.S. 9:3583 is hereby amended and reenacted to read as follows:
10 §3583. Discrimination prohibited
11 A. It shall be unlawful for any extender of credit to refuse to extend credit
12 to any major or emancipated minor solely because of that person's race, color,
13 religion, national origin, sex, age, sexual orientation, gender identity or expression,
14 disability, or marital status.
15 B. It shall also be unlawful for any extender of credit to require any major
16 or emancipated minor to meet credit qualification standards not required of other
17 persons similarly situated.
18 Section 3. R.S. 12:1041(A) is hereby amended and reenacted to read as follows:
19 §1041. Suppression of criminally operated businesses by domestic and foreign
20 corporations; proceedings
21 A. The attorney general is authorized to institute civil proceedings against
22 any domestic corporation to procure a judgment annulling, vacating or forfeiting its
23 articles of incorporation and franchise, and against any foreign corporation to revoke
24 its certificate of authority to transact business in this state when:
25 1. Any of the corporation officers or any other person controlling the
26 management or operation of such corporation, with the knowledge of the president
27 and a majority of the board of directors or under such circumstances that the
28 president and a majority of the directors should have knowledge, is a person or
29 persons engaged in activities such as organized violent revolutionary or unlawful
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1 activity aimed at the overthrow of the government of the State of Louisiana or any
2 of its political subdivisions, or any boards, commissions, agency or official of either,
3 or any unlawful activity aimed at organized homosexuality, organized crimes against
4 nature, organized prostitution, organized gambling, organized narcotics, organized
5 extortion or organized embezzlement, or who is connected directly or indirectly with
6 organizations, syndicates or criminal societies engaged in any of these; or
7 2. A director, officer, employee, agent or stockholder acting for, through or
8 on behalf of such corporation has, in conducting the corporation's affairs, purposely
9 engaged in a persistent course of violent revolutionary or unlawful activity aimed at
10 the overthrow of the government of the State of Louisiana or any of its political
11 subdivisions, or any boards, commissions, agency or official or any unlawful activity
12 aimed at homosexuality, crimes against nature, intimidation and coercion, bribery,
13 prostitution, gambling, extortion, embezzlement, unlawful sale of narcotics or other
14 illegal conduct, with the knowledge of the president and majority of the board of
15 directors or under such circumstances that the president and a majority of the
16 directors should have knowledge, with the intent to compel or induce other persons,
17 firms or corporations to deal with such corporation or engage in any such illegal
18 conduct, and
19 3. For the prevention of future illegal conduct of the same character, the
20 public interest requires the charter of the corporation to be annulled, vacated or
21 forfeited and the corporation to be dissolved or the certificate of authority to transact
22 business in this state revoked.
23 * * *
24 Section 4. R.S. 14:107.2(A) and 326(C) are hereby amended and reenacted to read
25as follows:
26 §107.2. Hate crimes
27 A. It shall be unlawful for any person to select the victim of the following
28 offenses against person and property because of actual or perceived race, age,
29 gender, gender identity or expression, religion, color, creed, disability, sexual
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1 orientation, national origin, or ancestry of that person or the owner or occupant of
2 that property or because of actual or perceived membership or service in, or
3 employment with, an organization: first or second degree murder; manslaughter;
4 battery; aggravated battery; second degree battery; aggravated assault with a firearm;
5 terrorizing; mingling harmful substances; simple, forcible, or aggravated rape; sexual
6 battery, second degree sexual battery; oral sexual battery; carnal knowledge of a
7 juvenile; indecent behavior with juveniles; molestation of a juvenile or a person with
8 a physical or mental disability; simple, second degree, or aggravated kidnapping;
9 simple or aggravated arson; communicating of false information of planned arson;
10 simple or aggravated criminal damage to property; contamination of water supplies;
11 simple or aggravated burglary; criminal trespass; simple, first degree, or armed
12 robbery; purse snatching; extortion; theft; desecration of graves; institutional
13 vandalism; or assault by drive-by shooting.
14 * * *
15 §326. Processions, marches, parades, or demonstrations; permits; liability; bond;
16 exemptions; penalty
17 * * *
18 C. The provisions of this Section shall apply to all groups, associations, or
19 organizations regardless of race, creed, age, sex, sexual orientation, gender identity
20 or expression, disability, as defined in R.S. 51:2232(11), color, or political beliefs
21 of its members; however, nothing contained herein shall apply to a bona fide
22 legitimate labor organization or professional firefighter or police association or to
23 any lawful activity of a labor union permitted by law, nor shall these provisions
24 apply to any procession or parade directly held or sponsored by the governing
25 authority of any municipality or the governing authority of any parish, nor shall these
26 provisions apply to any procession, march, or parade directly held or sponsored by
27 a bona fide organization specifically for the celebration of Mardi Gras and/or directly
28 related prelenten or carnival festivities, school parades or other functions, parish
29 parades or other functions, state, parish, or municipal fairs or other such related
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1 activities. However, the provisions of this Section shall apply only to parishes with
2 a population of more than four hundred fifty thousand.
3 * * *
4 Section 5. R.S. 15:1204.2(B)(4) and 1402(A) are hereby amended and reenacted to
5read as follows:
6 §1204.2. Creation of system; functions; powers; duties
7 * * *
8 B. The system, by and through the commission, shall have the following
9 functions, powers, and duties:
10 * * *
11 (4) To prepare and distribute, to all such persons and agencies, forms to be
12 used in reporting data to the system. The forms shall provide for information
13 regarding crimes which are directed against individuals or groups, or their property,
14 by reason of their actual or perceived race, age, gender, gender identity or
15 expression, religion, color, creed, disability, sexual orientation, national origin, or
16 ancestry or by reason of their actual or perceived membership or service in, or
17 employment with, an organization as defined in R.S. 14:107.2. The forms shall also
18 provide for other items of information needed by federal and state bureaus or
19 departments engaged in the development of national and state statistics.
20 * * *
21 §1402. Legislative findings and declaration
22 A. The legislature hereby finds and declares that it is the right of every
23 person, regardless of race, color, creed, religion, national origin, sex, sexual
24 orientation, gender identity or expression, age, or disability, to be secure and
25 protected from fear, intimidation, and physical harm caused by the activities of
26 violent groups and individuals. It is not the intent of this Chapter to interfere with
27 the constitutional exercise of the protected rights of freedom of expression and
28 association. The legislature hereby recognizes the right of every citizen to harbor
29 and constitutionally express beliefs on any lawful subject whatsoever, to associate
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1 lawfully with others who share similar beliefs, to petition lawfully constituted
2 authority for a redress of perceived grievances, and to participate in the electoral
3 process.
4 * * *
5 Section 6. R.S. 17:111, 158(F), 1676(D), 2053(D)(3), 3402(A), and 3991(B)(3) are
6hereby amended and reenacted to read as follows:
7 §111. Discrimination in public schools prohibited; pupil assignment; religious
8 educational institutions
9 A. No person shall be refused admission into or be excluded from any public
10 school in the state of Louisiana on account of race, creed, color, sex, sexual
11 orientation, gender identity or expression, disability, as defined in R.S. 51:2232(11),
12 or national origin.
13 B. Except with the express approval of a board of education or school board
14 having jurisdiction, a majority of the members of such board having been elected,
15 no student shall be assigned or compelled to attend any school on account of race,
16 creed, color, sexual orientation, gender identity or expression, disability, or national
17 origin, or for the purpose of achieving equality in attendance or increased attendance
18 or reduced attendance, at any school, of persons of one or more particular races,
19 creeds, colors, sexual orientations, gender identities or expressions, disabilities, or
20 national origins, and no school district, school zone or attendance unit, by whatever
21 name known, shall be established, reorganized or maintained for any such purpose,
22 provided that nothing contained in this section Section shall prevent the assignment
23 of a pupil in the manner requested or authorized by his parents or guardian, and
24 provided further that nothing in this Act shall be deemed to affect, in any way, the
25 right of a religious or denominational educational institution to select its pupils
26 exclusively or primarily from members of such religion or denomination or from
27 giving preference to such selection to such members or to make such selection to its
28 pupils as is calculated to promote the religious principle for which it is established.
29 * * *
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1 §158. School buses for transportation of students; employment of bus operators;
2 alternative means of transportation; improvement of school bus turnarounds;
3 loading and unloading students
4 * * *
5 F. The provisions of this Section shall apply to eligible public and nonpublic
6 school students. However, these provisions shall not apply to any student or the
7 parent or tutor of any student who attends a school which discriminates on the basis
8 of race, creed, color, sex, sexual orientation, gender identity or expression, or
9 national origin.
10 * * *
11 §1676. Recipients and awards of scholarships
12 * * *
13 D. Scholarship awards shall be made without regard to the applicant's race,
14 disability, as defined in R.S. 51:2232(11), creed, color, sex, sexual orientation,
15 gender identity or expression, national origin, or ancestry; and in making scholarship
16 awards, the department shall provide a fair and equitable geographical distribution
17 of the awards and shall treat all approved institutions of higher education in a fair
18 and equitable manner.
19 * * *
20 §2053. Payments to independent institutions of higher learning for educating
21 Louisiana residents
22 * * *
23 D. As used in this Section, the term "eligible institutions" shall mean
24 Centenary College, Dillard University, Our Lady of Holy Cross College, Louisiana
25 College, Loyola University, Our Lady of the Lake College, St. Joseph Seminary
26 College, Tulane University, and Xavier University, all in Louisiana. In order to
27 qualify for payments made by the Board of Regents under this Section, eligible
28 institutions shall:
29 * * *
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1 (3) Admit students without regard to race, religion, color, sex, sexual
2 orientation, gender identity or expression, disability, or national origin.
3 * * *
4 §3402. Minimum requirements for school certification; admission policies;
5 environment; program
6 The minimum requirements for certification as a Montessori school shall be
7 as follows:
8 A. Admission policies
9 All admissions in a Montessori school shall be open to all persons of all
10 races, creeds, sex, sexual orientation, gender identity or expression, or color, and to
11 all persons with disabilities as defined in R.S. 51:2232(11).
12 * * *
13 §3991. Charter schools; requirements; limitations; renewal; amendment; revocation
14 * * *
15 B. Each proposed charter shall contain or make provision for the following:
16 * * *
17 (3) Admission requirements, if any, that are consistent with the school's role,
18 scope, and mission may be established pursuant to rules promulgated by the state
19 board. Such admission requirements shall be specific and shall include a system for
20 admission decisions which precludes exclusion of pupils based on race, religion,
21 gender, ethnicity, sexual orientation, gender identity or expression, national origin,
22 intelligence level as ascertained by an intelligence quotient examination, or
23 identification as a student with an exceptionality as defined in R.S. 17:1942(B).
24 Such admission requirements may include, however, specific requirements related
25 to a school's mission such as auditions for schools with a performing arts mission or
26 proficiency in a foreign language for schools with a language immersion mission.
27 Any school which was chartered prior to July 1, 2012, and which incorporated
28 achievement of a certain academic record as part of its admission requirements may
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1 continue to utilize such admission requirements. No local board shall assign any
2 pupil to attend a charter school.
3 * * *
4 Section 7. R.S. 22:1452(C)(25), 1454(A), and 1964(7)(f) are hereby amended and
5reenacted to read as follows:
6 §1452. Purpose of rate regulation; construction; definitions
7 * * *
8 C. As used in this Subpart, the following definitions shall be applicable:
9 * * *
10 (25) "Unfairly discriminatory" means not capable of being actuarially
11 justified or based on race, color, creed, age, sex, sexual orientation, gender identity
12 or expression, disability, or national origin. It does not refer to rates that produce
13 differences in premiums for policyholders with different loss exposures, so long as
14 the rate is actuarially justified and reflects such differences with reasonable accuracy.
15 * * *
16 §1454. Rating standards and methods
17 A. Rates shall not be inadequate or unfairly discriminatory in a competitive
18 market. Rates shall not be excessive, inadequate, or unfairly discriminatory in a
19 noncompetitive market. Risks may be classified using any criteria except that no
20 risk shall be classified on the basis of race, color, creed, sex, sexual orientation,
21 gender identity or expression, disability, or national origin.
22 * * *
23 §1964. Methods, acts, and practices which are defined as unfair or deceptive
24 The following are declared to be unfair methods of competition and unfair
25 or deceptive acts or practices in the business of insurance:
26 * * *
27 (7) Unfair discrimination.
28 * * *
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1 (f) Refusing to insure, refusing to continue to insure, or limiting the amount
2 of coverage available to an individual solely because of the sex, marital status, race,
3 religion, age, sexual orientation, gender identity or expression, disability, or national
4 origin of the individual. However, nothing in this Subsection shall prohibit an
5 insurer from taking marital status into account for the purpose of defining persons
6 eligible for dependent benefits. Nothing in this Section shall prohibit or limit the
7 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.
1023:302(9) and (10) are hereby enacted to read as follows:
11 §302. Definitions
12 For purposes of this Chapter and unless the context clearly indicates
13 otherwise, the following terms shall have the following meanings ascribed to them:
14 * * *
15 (9) "Sexual orientation" means an individual's actual or perceived
16 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's assigned
19 sex at birth.
20 * * *
21 §332. Intentional discrimination in employment
22 A. It shall be unlawful discrimination in employment for an employer to
23 engage in any of the following practices:
24 (1) Intentionally fail or refuse to hire or to discharge any individual, or
25 otherwise to intentionally discriminate against any individual with respect to
26 compensation, or terms, conditions, or privileges of employment, because of the
27 individual's race, color, religion, sex, age, sexual orientation, gender identity or
28 expression, or national origin.
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1 (2) Intentionally limit, segregate, or classify employees or applicants for
2 employment in any way which would deprive or tend to deprive any individual of
3 employment opportunities, or otherwise adversely affect the individual's status as an
4 employee, because of the individual's race, color, religion, sex, age, sexual
5 orientation, gender identity or expression, or national origin.
6 (3) Intentionally pay wages to an employee at a rate less than that of another
7 employee of the opposite sex for equal work on jobs in which their performance
8 requires equal skill, effort, and responsibility and which are performed under similar
9 working conditions. An employer paying wages in violation of this Section may not
10 reduce the wages of any other employee in order to comply with this Section.
11 B. It shall be unlawful discrimination in employment for an employment
12 agency to intentionally fail or refuse to refer for employment, or otherwise to
13 intentionally discriminate against, any individual because of his race, color, religion,
14 sex, age, sexual orientation, gender identity or expression, or national origin, or to
15 intentionally classify or refer for employment any individual on the basis of his race,
16 color, religion, sex, or national origin.
17 C. It shall be unlawful discrimination in employment for a labor organization
18 to engage in any of the following practices:
19 (1) Intentionally exclude or intentionally expel from its membership, or
20 otherwise intentionally discriminate against, any individual because of his race,
21 color, religion, sex, age, sexual orientation, gender identity or expression, or national
22 origin.
23 (2) Intentionally limit, segregate, or classify its membership or applicants for
24 membership, or intentionally classify or fail or refuse to refer for employment any
25 individual in any way which would deprive or tend to deprive any individual of
26 employment opportunities, or would limit such employment opportunities, or
27 otherwise adversely affect his status as an employee or as an applicant for
28 employment, because of such individual's race, color, religion, sex, age, sexual
29 orientation, gender identity or expression, or national origin.
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1 (3) Intentionally cause or attempt to cause an employer to discriminate
2 against an individual in violation of this Section.
3 D. It shall be unlawful discrimination in employment for any employer, labor
4 organization, or joint labor-management committee controlling apprenticeship or
5 other training or retraining, including on-the-job training programs, to discriminate
6 against any individual because of his race, color, religion, sex, age, sexual
7 orientation, gender identity or expression, or national origin in admission to, or
8 employment in, any program established to provide apprenticeship or other training.
9 E. It shall be unlawful discrimination in employment for an employer,
10 employment agency, labor organization, or joint labor-management committee
11 controlling apprenticeship or other training or retraining, including on-the-job
12 training programs, to print or publish, or cause to be printed or published, any notice
13 or advertisement relating to employment by an employer or membership in or any
14 classification or referral for employment by a labor organization, or relating to any
15 classification or referral for employment by an employment agency, or relating to
16 admission to, or employment in, any program established to provide apprenticeship
17 or other training by a joint labor-management committee, indicating any preference,
18 limitation, specification, or discrimination based on race, color, religion, sex, age,
19 sexual orientation, gender identity or expression, or national origin. However, a
20 notice or advertisement may indicate a preference, limitation, specification, or
21 discrimination based on religion, sex, age, sexual orientation, gender identity or
22 expression, or national origin when religion, sex, or national origin is a bona fide
23 occupational qualification for employment.
24 F. It shall be unlawful discrimination in employment for an insurer to engage
25 in any of the following practices:
26 (1) Intentionally fail or refuse to appoint or to discharge any insurance agent,
27 or otherwise to intentionally discriminate against any insurance agent with respect
28 to his compensation, terms, conditions, or privileges of employment, because of the
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1 insurance agent's race, color, religion, sex, age, sexual orientation, gender identity
2 or expression, or national origin.
3 (2) Intentionally limit, segregate, or classify his insurance agents or
4 applicants for an insurance agent in any way which would deprive or tend to deprive
5 any insurance agent or applicant of employment opportunities, or otherwise
6 adversely affect his status as an insurance agent or applicant because of the insurance
7 agent's or applicant's race, color, religion, sex, age, sexual orientation, gender
8 identity or expression, or national origin.
9 G. Nothing contained in this Section shall be construed so as to create a
10 cause of action against an employer, employment agency, labor organization, or
11 insurer for employment practices pursuant to any affirmative action plan.
12 H. Notwithstanding any other provision of this Section, it shall not be
13 unlawful discrimination in employment for:
14 (1) An employer to hire and employ employees, for an employment agency
15 to classify or refer for employment any individual, for a labor organization to
16 classify its membership or to classify or refer for employment any individual, or for
17 an employer, labor organization, or joint labor-management committee controlling
18 apprenticeship or other training or retraining programs to admit or employ any
19 individual in any such program on the basis of his religion, sex, age, sexual
20 orientation, gender identity or expression, or national origin in those certain instances
21 where religion, sex, age, sexual orientation, gender identity or expression, or national
22 origin is a bona fide occupational qualification reasonably necessary for the normal
23 operation of that particular business or enterprise.
24 (2) A school, college, university, or other educational institution or
25 institution of learning to hire and employ employees of a particular religion if such
26 school, college, university, or other educational institution or institution of learning
27 is, in whole or in substantial part, owned, supported, controlled, or managed by a
28 particular religion or by a particular religious corporation, association, or society, or
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1 if the curriculum of the school, college, university, or other educational institution
2 or institution of learning is directed toward the propagation of a particular religion.
3 (3) An employer to apply different standards of compensation or different
4 terms, conditions, or privileges of employment pursuant to a bona fide seniority or
5 merit system, or a system which measures earnings by quantity or quality of
6 production, or any other differential based on any factor other than sex, or to
7 employees who work in different locations, provided that such differences are not
8 the result of an intention to discriminate because of race, color, religion, sex, age,
9 sexual orientation, gender identity or expression, or national origin.
10 (4) An employer to give and to act upon the results of any professionally
11 developed ability test, provided that such test, its administration, or action upon the
12 results is not designed, intended, or used to discriminate because of race, color,
13 religion, sex, age, sexual orientation, gender identity or expression, or national
14 origin.
15 * * *
16 §2043. Members
17 * * *
18 B.(1) In making the appointments, the governor shall, as nearly as
19 practicable, appoint members in a manner that is representative of the population of
20 the regions of the state and shall consider factors including but not limited to race,
21 color, religion, gender, age, sexual orientation, gender identity or expression,
22 disability, and national origin.
23 * * *
24 Section 9. R.S. 27:27.2(B) and 27.4 are hereby amended and reenacted to read as
25follows:
26 §27.2. Board designated excluded persons
27 * * *
28 B. The board and the division shall have the authority to place persons on the
29 excluded list. The board or division may not place a person on the list required by
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1 this Section due to the person's race, color, creed, national origin, sex, sexual
2 orientation, gender identity or expression, or disability, as defined in R.S.
3 51:2232(11).
4 * * *
5 §27.4. Exclusion or ejection of persons
6 A. Any licensee, permittee, or the casino gaming operator may exclude or
7 eject any person for any reason, except race, color, creed, national origin, sex, sexual
8 orientation, gender identity or expression, or disability as defined in R.S.
9 51:2232(11).
10 B. Any licensee or casino gaming operator licensed pursuant to the
11 provisions of this Title, and any employee of a licensee or casino gaming operator
12 shall not be liable for any monetary damages or any other remedy in any judicial
13 proceeding as a result of the exclusion or removal of any person for any reason,
14 except race, color, creed, national origin, sex, sexual orientation, gender identity or
15 expression, or disability as defined in R.S. 51:2232(11).
16 Section 10. R.S. 37:1025(B), 1107(C), 1360.23(I), 1437(D), 1455(A)(28),
172654(C)(1), 2719, 3425(C), and 3447(C) are hereby amended and reenacted to read as
18follows:
19 §1025. Qualifications of applicants to the drug administration course
20 * * *
21 B. There will be no discrimination in selection of medication attendants for
22 reason of race, color, creed, religion, age, sex, sexual orientation, gender identity or
23 expression, disability, as defined in R.S. 51:2232(11), or national origin.
24 * * *
25 §1107. Requirements for licensed professional counselor; provisional license;
26 temporary license or temporary provisional license; renewal of license or
27 temporary provisional license
28 * * *
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1 C. No license shall be denied any applicant based upon the applicant's race,
2 religion, creed, national origin, sex, age, sexual orientation, gender identity or
3 expression, or disability or physical impairment.
4 * * *
5 §1360.23. Powers and duties of the board
6 * * *
7 I. The board shall ensure that applicants for the program shall not be
8 discriminated against due to race, color, creed, age, sex, sexual orientation, gender
9 identity or expression, disability, as defined in R.S. 51:2232(11), or national origin.
10 * * *
11 §1437. Application for license
12 * * *
13 D. Every applicant for a license shall submit a sworn statement attesting that
14 he has knowledge of and understands the provisions of the Fair Housing Act of 1968
15 and the Louisiana Equal Housing Opportunity Act, and any amendments thereto or
16 any successor legislation subsequently following, and that he shall not induce or
17 attempt to induce any person to sell or rent any dwelling by representations regarding
18 the entry or prospective entry into an area, subdivision, or neighborhood of a person
19 or persons of a particular race, color, religion, age, sex, sexual orientation, gender
20 identity or expression, disability, or national origin.
21 * * *
22 §1455. Causes for censure, suspension, or revocation of license, registration, or
23 certification
24 A. The commission may censure a licensee, registrant, or certificate holder
25 or conditionally or unconditionally suspend or revoke any license, registration, or
26 certificate issued under this Chapter, levy fines or impose civil penalties not to
27 exceed five thousand dollars, or impose continuing education requirements on
28 licensees, registrants, or certificate holders if, in the opinion of the commission, a
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1 licensee, registrant, or certificate holder is performing or attempting to perform or
2 has performed or has attempted to perform any of the following acts:
3 * * *
4 (28) Having been finally adjudicated and found guilty for refusing, because
5 of race, color, national origin, sex, age, sexual orientation, gender identity or
6 expression, disability, or ethnic group, to show, sell, or rent any real estate for sale
7 or rent to qualified purchasers or renters or for any violation of the Fair Housing Act
8 of 1968 or the Louisiana Equal Housing Opportunity Act and/or including any
9 amendments thereto or any successor legislation subsequently following.
10 * * *
11 §2654. Board of examiners; creation; membership; appointment; terms; chair;
12 quorum
13 * * *
14 C.(1) Appointment to the board shall be made without regard to race, creed,
15 sex, religion, sexual orientation, gender identity or expression, disability, or national
16 origin of the appointee. The Louisiana Speech-Language-Hearing Association, shall
17 within not less than thirty days prior to the expiration of each term of office, submit
18 to the governor a list of at least three names for each respective professional service
19 category of board member, except the physician member and the public member,
20 selected by all licensed speech-language pathologists and audiologists in this state,
21 from which the governor shall make his appointment to fill the office for the next
22 succeeding term.
23 * * *
24 §2719. Discrimination
25 No license, certificate, or registration shall be denied any applicant based
26 upon the applicant's race, religion, creed, national origin, sex, age, sexual orientation,
27 gender identity or expression, or physical impairment so long as the physical
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1 impairment does not interfere with the performance of professional duties or
2 disability.
3 * * *
4 §3425. Qualifications for licensure; renewal
5 * * *
6 C. No license shall be denied any applicant based upon the applicant's race,
7 religion, creed, national origin, sex, age, sexual orientation, gender identity or
8 expression, or physical impairment or disability.
9 * * *
10 §3447. Requirements for licensed professional vocational counselor; renewal of
11 license
12 * * *
13 C. No license shall be denied any applicant based upon the applicant's race,
14 religion, creed, national origin, sex, age, sexual orientation, gender identity or
15 expression, or or physical impairment disability.
16 Section 11. R.S. 38:2315 is hereby amended and reenacted to read as follows:
17 §2315. Equal opportunity
18 Every person shall be guaranteed equal employment opportunities in the
19 selection of persons for professional services and such selection of persons for
20 professional services and such selection shall not discriminate against any person
21 because of race, religion, national ancestry, age, sex, sexual orientation, gender
22 identity or expression, or physical condition disability. If any person or persons
23 violates the provisions of this section Section, they shall be subject to the same
24 penalties as provided in R.S. 38:2314(A).
25 Section 12. R.S. 39:1411 is hereby amended and reenacted to read as follows:
26 §1411. No state assistance for discriminatory programs
27 No person in the State of Louisiana shall, on the ground of race, color,
28 religion, age, sex, sexual orientation, gender identity or expression, disability, or
29 national origin, be excluded from participation in, be denied the benefits of, or be
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1 subjected to discrimination under any program or activity receiving state financial
2 assistance.
3 Section 13. R.S. 40:1232(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5),
42125(B), 2403(H)(1), and 2504 are hereby amended and reenacted to read as follows:
5 §1232. Emergency medical personnel training; licensure
6 * * *
7 C. The bureau shall affirmatively provide that there is no discrimination
8 toward any individual in the licensure process on the basis of race, religion, creed,
9 national origin, sex, sexual orientation, gender identity or expression, disability, or
10 age.
11 * * *
12 §2113.4. Duty to provide services; penalty
13 A. Any general hospital licensed under this Part, which is owned or operated,
14 or both, by a hospital service district, which benefits from being financed by the sale
15 of bonds that are exempt from taxation as provided by Louisiana law, or which
16 receives any other type of financial assistance from the state of Louisiana and which
17 offers emergency room services to the public and is actually offering such services
18 at the time, shall make its emergency services available to all persons residing in the
19 territorial area of the hospital regardless of whether the person is covered by private,
20 federal Medicare or Medicaid, or other insurance. Each person shall receive these
21 services free from discrimination based on race, religion, or national ancestry and
22 from arbitrary, capricious, or unreasonable discrimination based on age, sex, sexual
23 orientation, gender identity or expression, or physical condition and disability, or
24 economic status. However, in no event shall emergency treatment be denied to
25 anyone on account of inability to pay. Any such hospital found to be in violation of
26 this Section shall not receive any client referrals from the Department of Health and
27 Hospitals.
28 * * *
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1 §2113.6. Emergency diagnoses and services; denial for inability to pay;
2 discriminatory practices
3 A.(1) No officer, employee, or member of the medical staff of a hospital
4 licensed by the Department of Health and Hospitals shall deny emergency services
5 available at the hospital to a person diagnosed by a licensed physician as requiring
6 emergency services because the person is unable to establish his ability to pay for the
7 services or because of race, religion, or national ancestry. In addition, the person
8 needing the services shall not be subjected by any such person to arbitrary, capricious,
9 or unreasonable discrimination based on age, sex, sexual orientation, gender identity
10 or expression, physical condition, disability, or economic status.
11 * * *
12 B. No officer, employee, or member of the medical staff of a hospital licensed
13 by the Department of Health and Hospitals shall deny a person in need of emergency
14 services access to diagnosis by a licensed physician on the staff of the hospital
15 because the person is unable to establish his ability to pay for the services or because
16 of race, religion, or national ancestry. In addition, the person needing the services
17 shall not be subjected by any such person to arbitrary, capricious, or unreasonable
18 discrimination based on age, sex, sexual orientation, gender identity or expression,
19 physical condition, disability, or economic status.
20 * * *
21 §2120.35. Rules, regulations, and standards for licenses
22 * * *
23 B. The department shall promulgate minimum standards for adult brain injury
24 facilities as defined in this Part which, at a minimum, shall:
25 * * *
26 (5) Prohibit discrimination by brain injury facilities on the basis of race, color,
27 creed, sex, age, sexual orientation, gender identity or expression, disability, as defined
28 in R.S. 51:2232(11), national origin, or ancestry.
29 * * *
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1 §2125. Age; continuation of assistance; discrimination
2 * * *
3 B. Such assistance shall not be provided where an institution or provider
4 discriminates against those seeking services provided herein on the basis of race,
5 color, creed, sex, sexual orientation, gender identity or expression, disability, as
6 defined in R.S. 51:2232(11), or national origin.
7 * * *
8 §2403. Council on Peace Officer Standards and Training
9 * * *
10 H.(1) The council may establish and implement curricula and publish training
11 materials to train peace officers to identify, respond to, and report all crimes which
12 are directed against individuals or groups, or their property, by reason of their actual
13 or perceived race, age, gender, gender identity or expression, religion, color, creed,
14 disability, sexual orientation, national origin, or ancestry.
15 * * *
16 §2504. Authority to contract
17 The Interagency Recreation Board may enter into contracts with the private
18 sector for the maintenance, upkeep, and management of golf courses, tennis courts,
19 ball parks, and recreation facilities constructed under the provisions of this Chapter
20 and may enter into other such contracts as may be necessary or appropriate to
21 implement the provisions of this Chapter or any other functions of the board as
22 provided by law, all in accordance with applicable laws. However, any such private
23 contractor shall not in any way prohibit or restrict public access to any recreation
24 facilities constructed under the provisions of this Chapter on the basis of race, sex,
25 creed, age, sexual orientation, gender identity or expression, disability, or color.
26 Section 14. R.S. 46:437.11(A), 1104, 1134, 1154, 1407(B)(1)(e)(introductory
27paragraph) and (F), 1995, and 2205 are hereby amended and reenacted to read as follows:
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1 §437.11. Provider agreements
2 A. The department shall make payments from medical assistance programs
3 funds for goods, services, or supplies rendered to recipients to any person who has a
4 provider agreement in effect with the department, who is complying with all federal
5 and state laws and rules pertaining to the medical assistance programs, and who
6 agrees that no person shall be subjected to discrimination under the medical assistance
7 programs because of race, creed, ethnic origin, sex, age, sexual orientation, gender
8 identity or expression, or physical condition disability.
9 * * *
10 §1104. Application consideration; evaluation
11 It shall be the duty of the board of commissioners to receive, consider,
12 evaluate, and allow or disallow all applications for scholarships made by eligible
13 applicants. The board of commissioners shall make careful and full investigation of
14 the ability and qualifications of each applicant. The board of commissioners shall
15 provide that an affirmative action program for the selection of recipients be
16 established which shall include that no discrimination occur on the basis of race,
17 creed, sex, age, sexual orientation, gender identity or expression, disability, or ethnic
18 origin. The board of commissioners shall establish and publish rules on the selection
19 process of the recipient which shall preclude the appearance of and the possibility of
20 nepotism. The board of commissioners shall notify each applicant selected to receive
21 a scholarship of his selection and shall also notify the dean of the medical school to
22 which the recipient has been admitted or in which he is engaged in study, or the chief
23 administrator of any internship or residency program in which the applicant is
24 engaged.
25 * * *
26 §1134. Application consideration; evaluation
27 It shall be the duty of the board of commissioners to receive, consider,
28 evaluate, and allow or disallow all applications for scholarships made by eligible
29 applicants. The board of commissioners shall make careful and full investigation of
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1 the ability and qualifications of each applicant. The board of commissioners shall
2 provide that an affirmative action program for the selection of recipients be
3 established which shall include that no discrimination occur on the basis of race,
4 creed, sex, age, sexual orientation, gender identity or expression, disability, or ethnic
5 origin. The board of commissioners shall establish and publish rules on the selection
6 process of the recipient which shall preclude the appearance of and the possibility of
7 nepotism. The board of commissioners shall notify each applicant selected to receive
8 a scholarship of his selection and shall also notify the dean of the nursing school or
9 office of financial assistance at the school where the student is registered.
10 * * *
11 §1154. Application consideration; evaluation
12 The board shall receive, consider, evaluate, and allow or disallow all
13 applications for scholarships made by eligible applicants. The board shall make
14 careful and full investigation of the ability and qualifications of each applicant. The
15 board shall ensure that no discrimination occurs on the basis of race, creed, sex, age,
16 sexual orientation, gender identity or expression, disability, or ethnic origin. The
17 board shall establish and publish rules on the selection process of the recipient which
18 shall preclude the appearance of and the possibility of nepotism. The board shall
19 notify each applicant selected to receive a scholarship of his selection and shall also
20 notify the dean of the school or office of financial assistance at the school where the
21 student is registered.
22 * * *
23 §1407. Rules, regulations, and standards for licenses
24 * * *
25 B.(1) The regulations developed by the department, at a minimum, shall
26 accomplish all of the following:
27 * * *
28 (e) Prohibit discrimination by specialized providers on the basis of race, color,
29 creed, sex, sexual orientation, gender identity or expression, national origin,
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1 disability, ancestry, or whether the child is being breastfed. However, nothing in this
2 Subparagraph shall be construed to affect, limit, or otherwise restrict any of the
3 following:
4 * * *
5 F. Discrimination by specialized providers and child-placing agencies on the
6 basis of race, color, creed, sex, sexual orientation, gender identity or expression,
7 national origin, disability as defined by R.S. 51:2232(11), ancestry, or whether the
8 child is being breastfed is prohibited. However, this shall not restrict the hiring or
9 admission policies of a church or religious organization, which may give preference
10 in hiring or admission to members of the church or denomination.
11 * * *
12 §1995. Nondiscrimination
13 No citizen of this state shall on the ground of sex, sexual orientation, gender
14 identity or expression, disability, age, race, color, religion, or national origin be
15 excluded from participating in, be denied the benefits of, or be subjected to
16 discrimination under, any program or activity funded in whole or in part with funds
17 made available under this Chapter.
18 * * *
19 §2205. Nondiscrimination of policy
20 All organizations receiving grants under this Chapter shall provide the
21 required transportation services without regard to the race, religion, sex, sexual
22 orientation, gender identity or expression, national ancestry, place of residence or
23 income level of the persons needing the assistance.
24 Section 15. R.S. 47:37(C) and 287.755(C) are hereby amended and reenacted to read
25as follows:
26 §37. Tax credit for contributions to educational institutions
27 * * *
28 C. There shall be allowed a credit against the tax liability due under the
29 income tax for donations, contributions, or sales below cost of tangible movable
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1 property made to educational institutions in the state of Louisiana. The credit allowed
2 by this Section shall be computed at the rate of forty percent of such property's value,
3 as defined herein, or, in the case of a sale below cost, forty percent of the difference
4 between the price received for the tangible movable property by the taxpayer and the
5 value of the property as defined herein. The credit shall be limited to the total of the
6 tax liability for the taxable year for which it is being claimed and shall be in lieu of
7 the deductions from gross income provided for in R.S. 47:57. The credit shall not be
8 allowed if the taxpayer arbitrarily, capriciously, or unreasonably discriminates against
9 any person because of race, religion, age, sex, sexual orientation, gender identity or
10 expression, disability, ideas, beliefs, or affiliations.
11 * * *
12 §287.755. Tax credit for contributions to educational institutions
13 * * *
14 C. There shall be allowed a credit against the tax liability due under the
15 income tax for donations, contributions, or sales below cost of tangible movable
16 property made to educational institutions in the state of Louisiana. The credit allowed
17 by this Section shall be computed at the rate of forty percent of such property's value,
18 as defined herein, or, in the case of a sale below cost, forty percent of the difference
19 between the price received for the tangible movable property by the taxpayer and the
20 value of the property as defined herein. The credit shall be limited to the total of the
21 tax liability for the taxable year for which it is being claimed and shall be in lieu of
22 the deductions from gross income provided for in R.S. 47:57. The credit shall not be
23 allowed if the taxpayer arbitrarily, capriciously, or unreasonably discriminates against
24 any person because of race, religion, age, sex, sexual orientation, gender identity or
25 expression, disability, ideas, beliefs, or affiliations.
26 * * *
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1 Section 16. R.S. 48:274.1(C) is hereby amended and reenacted to read as follows:
2 §274.1. Placing of specific information logo signs on interstate highways; contracts
3 with third parties
4 * * *
5 C. Each business indentified identified on a specific information logo sign
6 shall give written assurance to the department of its conformity with all applicable
7 laws concerning the provision of public accommodations without regard to
8 discrimination based on race, religion, color, sex, age, sexual orientation, gender
9 identity or expression, disability, or national origin, and shall not be in breach of that
10 assurance.
11 * * *
12 Section 17. R.S. 49:145 and 146(A)(1) are hereby amended and reenacted to read as
13follows:
14 §145. Use of public buildings; discrimination
15 No person shall be denied access to any public meeting in any public building
16 or facility used or owned by the state or any political subdivision of the state because
17 of race, color, creed, age, sex, sexual orientation, gender identity or expression, or
18 physical or mental disability. For purposes of this Section, a public meeting is a
19 meeting which is advertised as being open to the general public.
20 §146. Facilities to which public invited; discrimination
21 A.(1) In access to public areas, public accommodations, and public facilities,
22 every person shall be free from discrimination based on race, religion, or national
23 ancestry and from arbitrary, capricious, or unreasonable discrimination based on age,
24 sex, sexual orientation, gender identity or expression, or physical or mental disability.
25 * * *
26 Section 18. R.S. 51:2231(A), 2232(5), 2235(16)(a), 2236(A), 2237(2), 2247, 2248,
272254(1) and (2), 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5), 2607(A)
28and (C), and 2608 are hereby amended and reenacted to read as follows:
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1 §2231. Statement of purpose; limitation on prohibitions against discrimination
2 because of age
3 A. It is the purpose and intent of the legislature by this enactment to provide
4 for execution within Louisiana of the policies embodied in the Federal Civil Rights
5 Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of 1967,
6 as amended; and to assure that Louisiana has appropriate legislation prohibiting
7 discrimination in public accommodations sufficient to justify the deferral of cases by
8 the federal Equal Employment Opportunity Commission, the executive director of the
9 Louisiana Workforce Commission, and the Department of Justice under those
10 statutes; to safeguard all individuals within the state from discrimination because of
11 race, creed, color, religion, sex, sexual orientation, gender identity or expression, age,
12 disability, or national origin in connection with employment and in connection with
13 public accommodations; to protect their interest in personal dignity and freedom from
14 humiliation; to make available to the state their full productive capacities in
15 employment; to secure the state against domestic strife and unrest which would
16 menace its democratic institutions; to preserve the public safety, health, and general
17 welfare; and to further the interest, rights, and privileges within the state.
18 * * *
19 §2232. Definitions
20 As used in this Chapter:
21 * * *
22 (5) "Discriminatory practice in connection with public accommodations"
23 means any direct or indirect act or practice of exclusion, distinction, restriction,
24 segregation, limitation, refusal, denial, or any other act or practice of differentiation
25 or preference in the treatment of a person or persons because of race, creed, color,
26 religion, sex, sexual orientation, gender identity or expression, age, disability, or
27 national origin.
28 * * *
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1 §2235. Powers and duties of commission
2 In the enforcement of this Chapter or of Chapter 3-A of Title 23 of the
3 Louisiana Revised Statutes of 1950, or R.S. 23:664, the commission shall have the
4 following powers and duties:
5 * * *
6 (16) To create local or statewide advisory committees that in its judgment will
7 aid in effectuating the purposes of this Chapter. Members of such committees shall
8 serve without pay but shall be reimbursed for expenses incurred in such service. The
9 commission may make provision for technical and clerical assistance to the
10 committees. The commission may empower these committees:
11 (a) To study and report on problems of discrimination because of race, creed,
12 color, religion, sex, sexual orientation, gender identity or expression, age, disability,
13 or national origin.
14 * * *
15 §2236. Parishes and municipalities may prohibit discrimination
16 A. Parishes and municipalities may adopt and enforce ordinances, orders, and
17 resolutions prohibiting all forms of discrimination, including discrimination on the
18 basis of race, creed, color, religion, national origin, sex, sexual orientation, gender
19 identity or expression, disability, or age, and to prescribe penalties for violations
20 thereof, such penalties being in addition to the remedial orders and enforcement
21 herein authorized.
22 * * *
23 §2237. Local human rights commissions
24 Any parish or municipality, or one or more parishes and municipalities acting
25 jointly, may create a human rights commission, hereinafter referred to as a "local
26 commission":
27 * * *
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1 (2) To safeguard all individuals within its jurisdiction from discrimination
2 because of race, creed, color, religion, national origin, sex, sexual orientation, gender
3 identity or expression, disability, or age.
4 * * *
5 §2247. Public accommodations, resorts, amusements; discriminatory practices
6 prohibited
7 Except as otherwise provided in this Chapter, it is a discriminatory practice
8 for a person to deny an individual the full and equal enjoyment of the goods, services,
9 facilities, privileges, advantages, and accommodations of a place of public
10 accommodation, resort, or amusement, as defined in this Chapter, on the grounds of
11 race, creed, color, religion, sex, sexual orientation, gender identity or expression, age,
12 disability, as defined in R.S. 51:2232(11), or national origin.
13 * * *
14 §2248. Advertisement of accommodations, goods, services
15 It shall be an unlawful practice for a person, directly or indirectly, to publish,
16 circulate, issue, display, mail, or cause to be published, circulated, issued, displayed,
17 or mailed, a written, printed, oral, or visual communication, notice, or advertisement
18 which indicates that the goods, services, facilities, privileges, advantages, and
19 accommodations of a place of public accommodation, resort, or amusement shall be
20 refused, withheld from, or denied an individual on account of his race, color, religion,
21 age, sex, sexual orientation, gender identity or expression, disability, as defined in
22 R.S. 51:2232(11), or national origin, or that the patronage of or presence at a place of
23 public accommodations, resort, or amusement of an individual on account of his race,
24 color, religion, age, sex, sexual orientation, gender identity or expression, disability,
25 as defined in R.S. 51:2232(11), or national origin is objectionable, unwelcome,
26 unacceptable, or undesirable.
27 §2254. Unlawful financial practices
28 It shall be an unlawful practice for a financial institution or an individual
29 employed by or acting on behalf of a financial institution:
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1 (1) To discriminate against an individual because of the race, creed, color,
2 religion, national origin, sex, age, sexual orientation, gender identity or expression,
3 disability, as defined in R.S. 51:2232(11), or age of the individual or the present or
4 prospective owner, tenant, or occupant of the immovable property or of a member,
5 stockholder, director, officer, employee, or representative of any of these, in the
6 granting, withholding, extending, modifying, or renewing of rates, terms, conditions,
7 privileges, or other provisions of financial assistance or in the extension of services
8 in connection therewith.
9 (2) To use a form of application for financial assistance or to make or keep
10 a record or inquiry in connection with applications for financial assistance which
11 indicates directly or indirectly a limitation, specification, or discrimination, as to race,
12 creed, color, religion, age, sex, sexual orientation, gender identity or expression,
13 disability, as defined in R.S. 51:2232(11), or national origin, or an intent to make such
14 a limitation, specification, or discrimination.
15 * * *
16 §2255. Unlawful practices in connection with credit transactions; exceptions
17 A. It shall be an unlawful practice for any person, whether acting for himself
18 or another, in connection with any credit transaction because of race, creed, color,
19 religion, national origin, disability, as defined in R.S. 51:2232(11), or sex, age, sexual
20 orientation, gender identity or expression:
21 * * *
22 §2602. Policy
23 A. The legislature finds and declares that persons in this state who seek a
24 place to live should be able to find such housing whenever it is available. Further, in
25 many localities there may be housing shortages. All persons should therefore be able
26 to compete for available housing on an open, fair, and equitable basis, regardless of
27 race, color, religion, sex, age, sexual orientation, gender identity or expression,
28 disability, familial status, or national origin.
29 * * *
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1 §2606. Discrimination in sale or rental of housing and other prohibited practices
2 A. As made applicable by R.S. 51:2604, and except as exempted by
3 Subsection B thereof and R.S. 51:2605, it is unlawful:
4 (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse
5 to negotiate for the sale or rental of, or otherwise make unavailable or deny, a
6 dwelling to any person because of race, color, religion, sex, age, sexual orientation,
7 gender identity or expression, familial status, or national origin.
8 (2) To discriminate against any person in the terms, conditions, or privileges
9 of sale or rental of a dwelling, or in the provision of services or facilities in
10 connection therewith, because of race, color, religion, sex, age, sexual orientation,
11 gender identity or expression, familial status, or national origin.
12 (3) To make, print, or publish, or cause to be made, printed, or published any
13 notice, statement, or advertisement, with respect to the sale or rental of a dwelling that
14 indicates any preference, limitation, or discrimination based on race, color, religion,
15 sex, age, sexual orientation, gender identity or expression, disability, familial status,
16 or national origin, or an intention to make any such preference, limitation, or
17 discrimination.
18 (4) To represent to any person because of race, color, religion, sex, age,
19 sexual orientation, gender identity or expression, disability, familial status, or national
20 origin that any dwelling is not available for inspection, sale, or rental when such
21 dwelling is in fact so available.
22 (5) For profit, to induce or attempt to induce any person to sell or rent any
23 dwelling by representations regarding the entry or prospective entry into the
24 neighborhood of a person or persons of a particular race, color, religion, sex, age,
25 sexual orientation, gender identity or expression, disability, familial status, or national
26 origin.
27 * * *
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1 §2607. Discrimination in residential real estate related transactions
2 A. It is unlawful for any person or other entity whose business includes
3 engaging in residential real estate related transactions to discriminate against any
4 person in making available such a transaction, or in the terms or conditions of such
5 a transaction, because of race, color, religion, sex, age, sexual orientation, gender
6 identity or expression, disability, familial status, or national origin.
7 * * *
8 C. Nothing in this Chapter prohibits a person engaged in the business of
9 furnishing appraisals of real property to take into consideration factors other than
10 race, color, religion, national origin, sex, age, sexual orientation, gender identity or
11 expression, disability, or familial status.
12 §2608. Discrimination in provision of brokerage services
13 It is unlawful to deny any person access to or membership or participation in
14 any multiple-listing service, real estate brokers' organization or other service,
15 organization, or facility relating to the business of selling or renting dwellings, or to
16 discriminate against him in the terms or conditions of such access, membership, or
17 participation, on account of race, color, religion, sex, age, sexual orientation, gender
18 identity or expression, disability, familial status, or national origin.
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)]
HB 612 Original 2015 Regular Session Badon
Abstract: Provides relative to discrimination by including sexual orientation and gender
identity or expression in various provisions prohibiting or describing discrimination.
Also adds age, sex, or disability as prohibited discrimination criteria in a number of
such provisions.
Proposed law provides with respect to discrimination in various provisions of law. In general,
adds sexual orientation and gender identity or expression in provisions prohibiting or
describing discrimination. Also adds age, sex, or disability in a number of such provisions.
The following table summarizes these changes:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1209 ORIGINAL
HB NO. 612
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,
disability
22:1454(A) Prohibited criteria for
establishing risk classifications
for insurance rates
Yes sex, disability
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1209 ORIGINAL
HB NO. 612
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
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
37:2654(C)(1) Appointment of members of the
board of the La. Board of
Examiners for Speech-Language
Pathology and Audiology
Yes disability
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1209 ORIGINAL
HB NO. 612
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
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
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
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1209 ORIGINAL
HB NO. 612
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
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
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
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1209 ORIGINAL
HB NO. 612
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
51:2232(5) 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
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
Page 37 of 39
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1209 ORIGINAL
HB NO. 612
Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity
or expression as
discrimination
criteria
Other criteria
added
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
(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.
(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.
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HB NO. 612
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(5), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2), 2255(A)
(intro. para.), 2602(A), 2606(A)(1) - (5), 2607(A) and (C), and 2608; Adds R.S. 23:302(9)
and (10))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.