HLS 15RS-1130 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 632
BY REPRESENTATIVE ST. GERMAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DISCRIMINATION: Provides with respect to discrimination regarding sexual orientation,
gender identity, and gender expression
1 AN ACT
2To amend and reenact R.S. 38:2315, R.S. 51:2231 (Section heading), 2235(16)(a), 2236(A),
3 and 2237(2) and to enact R.S. 23:335 and R.S. 38:1553.1 and 2183; relative to
4 discrimination; to provide with respect to sexual orientation, gender identity, and
5 gender expression; to prohibit discrimination with respect to employment; to prohibit
6 discrimination with respect to public services; to prohibit discrimination when
7 awarding public contracts and procurement contracts; to provide that parishes and
8 municipalities may prohibit discrimination; to provide with respect to local human
9 rights commission; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 23:335 is hereby enacted to read as follows:
12 §335. Discrimination based on actual or perceived sexual orientation, gender
13 identity, or gender expression; prohibited
14 A. The legislature finds and declares that the prevention of discrimination and
15 the protection of civil rights are compelling government interests. Nothing in this
16 Section shall be interpreted to infringe upon the freedom of expressive association
17 or the free exercise of religion protected by the First Amendment of the United States
18 Constitution and Article 1, Section 8 of the Constitution of Louisiana.
19 B. It shall be unlawful for an employer to engage in any of the following
20 practices:
Page 1 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
1 (1) Fail or refuse to hire or to discharge any individual or otherwise to
2 intentionally discriminate against any individual with respect to his compensation,
3 or his terms, conditions, or privileges of employment because of the individual's
4 actual or perceived sexual orientation, gender identity, or gender expression.
5 (2) Limit, segregate, or classify his employees or applicants for employment
6 in any way which would deprive or tend to deprive any individual of employment
7 opportunities or otherwise adversely affect his status as an employee because of the
8 individual's actual or perceived sexual orientation, gender identity, or gender
9 expression.
10 C. It shall be unlawful for an employment agency to fail or refuse to refer for
11 employment, or otherwise to discriminate against, any individual because of his
12 actual or perceived sexual orientation, gender identity, or gender expression, or to
13 classify or refer for employment any individual on the basis of his actual or
14 perceived sexual orientation, gender identity, or gender expression.
15 D. It shall be unlawful for a labor organization to engage in any of the
16 following practices:
17 (1) Exclude or expel from its membership or otherwise discriminate against
18 any individual because of his actual or perceived sexual orientation, gender identity,
19 or gender expression.
20 (2) Limit, segregate, or classify its membership or applicants for
21 membership, or classify or fail or refuse to refer for employment any individual in
22 any way which would deprive or tend to deprive any individual of employment
23 opportunities, or would limit such employment opportunities, or otherwise adversely
24 affect his status as an employee or as an applicant for employment, because of such
25 individual's actual or perceived sexual orientation, gender identity, gender
26 expression.
27 (3) Cause or attempt to cause an employer to discriminate against an
28 individual in violation of this Section.
Page 2 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
1 E. It shall be unlawful for any employer, employment agency, or labor
2 organization controlling apprenticeship or other training or retraining, including on-
3 the-job training programs, to discriminate against any individual because of his
4 actual or perceived sexual orientation, gender identity, or gender expression in
5 admission to, or employment in, any program established to provide apprenticeship
6 or other training.
7 F. It shall be unlawful for an employer to discriminate against any of his
8 employees or applicants for employment, for an employment agency to discriminate
9 against any individual, or for a labor organization to discriminate against any
10 member thereof or applicant for membership because the individual, member, or
11 applicant for membership has opposed any practice made unlawful by this Section
12 or because such individual, member, or applicant for membership has made a charge,
13 testified, assisted, or participated in any manner in an investigation, proceeding, or
14 litigation pursuant to this Part.
15 G. It shall be unlawful for an employer, employment agency, or labor
16 organization to print or publish or cause to be printed or published any notice or
17 advertisement relating to employment by an employer or membership in or any
18 classification or referral for employment by a labor organization, or relating to any
19 classification or referral for employment by an employment agency, or relating to
20 admission to, or employment in, any program established to provide apprenticeship
21 or other training, indicating any preference, limitation, specification, or
22 discrimination based on actual or perceived sexual orientation, gender identity, or
23 gender expression. However, a notice or advertisement may indicate a preference,
24 limitation, specification, or discrimination based on actual or perceived sexual
25 orientation, gender identity, or gender expression when actual or perceived sexual
26 orientation, gender identity, or gender expression is a bona fide occupational
27 qualification for employment.
Page 3 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
1 H. Nothing contained in this Section shall be construed so as to create a
2 cause of action against an employer, employment agency, or labor organization for
3 employment practices pursuant to any affirmative action plan.
4 I. Nothing contained in this Section shall be construed so as to require an
5 employer, employment agency, labor organization, or insurer to grant preferential
6 treatment to any individual or to any group because of the actual or perceived sexual
7 orientation, gender identity, or gender expression of such individual or group on
8 account of an imbalance which may exist with respect to the total number or
9 percentage of persons of any actual or perceived sexual orientation, gender identity,
10 or gender expression employed by any employer, referred or classified for
11 employment by any employment agency or labor organization, admitted to
12 membership or classified by any labor organization, or admitted to or employed in
13 any apprenticeship or other training program, in comparison with the total number
14 or percentage of persons of such actual or perceived sexual orientation, gender
15 identity, or gender expression in any city, parish, or other area, or in the available
16 work force in any city, parish, or other area.
17 J. Notwithstanding any other provision of this Section, it shall not be
18 unlawful discrimination in employment for:
19 (1) An employer to hire and employ employees, for an employment agency
20 to classify or refer for employment any individual, for a labor organization to
21 classify its membership or to classify or refer for employment any individual, or for
22 an employer, employment agency, labor organization, or insurer controlling
23 apprenticeship or other training or retraining programs to admit or employ any
24 individual in any such program on the basis of his actual or perceived sexual
25 orientation, gender identity, or gender expression in those certain instances where
26 actual or perceived sexual orientation, gender identity, or gender expression is a bona
27 fide occupational qualification reasonably necessary for the normal operation of that
28 particular business or enterprise.
Page 4 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
1 (2) An employer to apply different standards of compensation or different
2 terms, conditions, or privileges of employment pursuant to a bona fide seniority or
3 merit system, or a system which measures earnings by quantity or quality of
4 production, or to employees who work in different locations, provided that such
5 differences are not the result of an intention to discriminate because of actual or
6 perceived sexual orientation, gender identity, or gender expression.
7 (3) An employer to give and to act upon the results of any professionally
8 developed ability test, provided that such test, its administration, or action upon the
9 results is not designed, intended, or used to discriminate because of actual or
10 perceived sexual orientation, gender identity, or gender expression.
11 (4) An employer to establish appropriate dress and appearance requirements
12 for its employees, provided that employers allow any employee to appear and dress
13 in a manner consistent with the employee’s gender identity.
14 (5) An employer to refuse to provide benefits for the partner of any
15 employee.
16 K. The provisions of this Section relative to discrimination on the basis of
17 sexual orientation, gender identity, and gender expression shall not apply to a
18 corporation, association, educational institution or institution of learning, or society
19 that is exempt from the religious discrimination provisions of Section 702(1) or
20 703(e)(2) of Title VII of the Civil Rights Act of 1964.
21 Section 2. R.S. 38:2315 is hereby amended and reenacted and R.S. 38:1553.1 and
222183 are hereby enacted to read as follows:
23 §1553.1 Equal opportunity
24 A. Every person shall be guaranteed equal employment opportunities in the
25 selection of persons for procurement pursuant to this Chapter.
26 B. Procurement contracts shall not discriminate against any person because
27 of race, religion, national origin, age, sex, sexual orientation, gender identity, gender
28 expression, or disabilities.
Page 5 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
1 C.(1) No governmental body, in the selection of a person for a procurement
2 contract, shall discriminate against any person because that person is a member of
3 a category designated in Subsection B of this Section.
4 (2) No person awarded a procurement contract shall discriminate in the
5 employment of an individual because that individual is a member of a category of
6 persons designated in Subsection B of this Section.
7 D.(1) Every contract, invitation to bid, or request for proposal pursuant to
8 this Chapter, shall include a statement advising an applicant that, by signing the
9 contract, bid document, or proposal, the applicant agrees that the applicant will not
10 discriminate in the employment of individuals to perform the work or to provide
11 materials, supplies, or services pursuant to the contract who are members of a
12 category designated in Subsection B of this Section.
13 (2) State agencies or other state entities may designate categories of persons
14 or factors in addition to those provided in Subsection B of this Section in
15 nondiscrimination clauses in a procurement contract, invitation to bid, or request for
16 proposal.
17 E. Nothing in this Section shall be construed to nullify or supersede any
18 preference in law for veterans of the military or military service men or service
19 women.
20 F. Nothing in this Section shall be construed to nullify or supersede any
21 minimum requirement related to education, licensure, or other vocational standards.
22 * * *
23 §2183. Equal opportunity
24 A. Every person shall be guaranteed equal employment opportunities in the
25 selection of persons for public contracts pursuant to this Chapter.
26 B. Public contracts shall not discriminate against any person because of race,
27 religion, national origin, age, sex, sexual orientation, gender identity, gender
28 expression, or disability.
Page 6 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
1 C.(1) No public entity, in the selection of a person to award a public contract,
2 shall discriminate against any person because that person is a member of a category
3 designated in Subsection B of this Section.
4 (2) No person awarded a public contract shall discriminate in the rendering
5 of services to, or employment of, an individual because that individual is a member
6 of a category of persons designated in Subsection B of this Section.
7 D.(1) Every contract and bidding document shall include a statement
8 advising that, by signing the contract, the contractor shall not discriminate in the
9 rendering of services to, or employment of, individuals to perform the work, or to
10 provide materials, supplies, or services pursuant to the contract, who are members
11 of a category designated in Subsection B of this Section.
12 (2) State agencies or other state entities may designate categories of persons
13 or factors in addition to those provided in Subsection B of this Section in
14 nondiscrimination clauses in public contracts.
15 E. Nothing in this Section shall be construed to nullify or supersede any
16 preference in law for veterans of the military or military service men or service
17 women.
18 F. Nothing in this Section shall be construed to nullify or supersede any
19 minimum requirement related to education, licensure, or other vocational standards.
20 * * *
21 §2315. Equal opportunity
22 Every person shall be guaranteed equal employment opportunities in the
23 selection of persons for professional services and such selection shall not
24 discriminate against any person because of race, religion, national ancestry origin,
25 age, sex, or physical condition sexual orientation, gender identity, gender expression,
26 or disability. If any person or persons violates the provisions of this Section, he shall
27 be subject to the same penalties as provided in R.S. 38:2314(A).
28 * * *
Page 7 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
1 Section 3. R.S. 51:2231 (Section heading), 2235(16)(a), 2236(A), and 2237(2) are
2hereby amended and reenacted to read as follows:
3 §2231. Statement of purpose; limitation on prohibitions against discrimination
4 because of age
5 * * *
6 §2235. Powers and duties of commission
7 In the enforcement of this Chapter or of Chapter 3-A of Title 23 of the
8 Louisiana Revised Statutes of 1950, or R.S. 23:664, the commission shall have the
9 following powers and duties:
10 * * *
11 (16) To create local or statewide advisory committees that in its judgment
12 will aid in effectuating the purposes of this Chapter. Members of such committees
13 shall serve without pay but shall be reimbursed for expenses incurred in such service.
14 The commission may make provision for technical and clerical assistance to the
15 committees. The commission may empower these committees:
16 (a) To study and report on problems of discrimination because of race, creed,
17 color, religion, sex, age, disability, sexual orientation, gender identity, gender
18 expression, or national origin.
19 * * *
20 §2236. Parishes and municipalities may prohibit discrimination
21 A. Parishes and municipalities may adopt and enforce ordinances, orders,
22 and resolutions prohibiting all forms of discrimination, including discrimination on
23 the basis of race, creed, color, religion, national origin, sex, disability, sexual
24 orientation, gender identity, gender expression, or age, and to prescribe penalties for
25 violations thereof, such penalties being in addition to the remedial orders and
26 enforcement herein authorized.
27 * * *
28 §2237. Local human rights commissions
Page 8 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
1 Any parish or municipality, or one or more parishes and municipalities acting
2 jointly, may create a human rights commission, hereinafter referred to as a "local
3 commission":
4 * * *
5 (2) To safeguard all individuals within its jurisdiction from discrimination
6 because of race, creed, color, religion, national origin, sex, disability, sexual
7 orientation, gender identity, gender expression, or age.
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 632 Original 2015 Regular Session St. Germain
Abstract: Provides with respect to discrimination based on sexual orientation, gender
identity, or gender expression.
Proposed law provides legislative intent.
Proposed law (R.S. 23:335) provides that it is unlawful for any employer to refuse to hire,
discharge, or otherwise discriminate with respect to compensation, terms, conditions of
employment, segregate, limit, or classify his employees or applicants for employment due
to an individual's actual or perceived sexual orientation, gender identity, or gender
expression.
Proposed law provides that it is unlawful for an employment agency to refuse to refer
someone for employment due to his actual or perceived sexual orientation, gender identity,
or gender expression.
Proposed law provides that it is unlawful for any labor organization to exclude or expel
someone from membership, or otherwise limit, or segregate membership or applicants for
membership due to an individual's actual or perceived sexual orientation, gender identity,
or gender expression.
Proposed law provides that it is unlawful for an employer, employment agency, or labor
organization controlling apprenticeship or other training or retraining programs to
discriminate against an individual due to an individual's actual or perceived sexual
orientation, gender identity, or gender expression.
Proposed law further prohibits the discrimination against an individual because the
individual has made a charge, testified, assisted, or participated in an investigation,
proceeding, or litigation relative to a discrimination charge.
Proposed law prohibits an employer, employment agency, or labor organization from
publishing or advertising an employment or training position indicating any preference,
limitation, specification, or discrimination based on actual or perceived sexual orientation,
gender identity, or gender expression unless it is a bona fide occupational qualification for
employment.
Page 9 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
Proposed law does not intend to create a cause of action pursuant to any affirmative action
plan.
Proposed law does not require any employer, employment agency, labor organization, or
insurer to grant preferential treatment to any individual because of actual or perceived sexual
orientation, gender identity, or gender expression.
Proposed law allows an employer, employment agency, labor organization, or training
program to hire, admit, or train someone based on actual or perceived sexual orientation,
gender identity, or gender expression unless it is a bona fide occupational qualification
reasonably necessary for the normal operation of that particular business or enterprise.
Proposed law allows an employer to apply different standards of compensation or different
terms, conditions, or privileges of employment pursuant to seniority or a merit system, or
a system which measures earnings by quantity or quality of production, or to employees who
work in different locations, provided that the differences are not a result of an intention to
discriminate.
Proposed law provides that it is not discrimination for an employer to give a professionally
developed ability test if the test is not used to discriminate.
Proposed law further provides that it is not unlawful for an employer to specify a dress code,
provided it is consistent with the employee's gender identity.
Proposed law provides that it is not unlawful to refuse to provide benefits to the partner of
an employee.
Proposed law provides that proposed law does not apply to a corporation, association
educational institution or institution of learning, or society that is exempt from the religious
discrimination provisions of the Civil Rights Act.
Proposed law (R.S. 38:1553.1 and 2183) provides for equal employment opportunities in the
selection of persons for public contracts and procurement contracts.
Proposed law prohibits discrimination against any person because of race, religion, national
origin, age, sex, sexual orientation, gender identity, gender expression, or disability, in
awarding public contracts or procurement contracts.
Proposed law requires that every contract, invitation to bid, request for proposal, or bidding
document include a statement advising that the contractor shall not discriminate when he
renders services to or in the employment of individuals to perform the work, or provide
materials, supplies, or services pursuant to the contract, who are members of the category
of individuals listed in proposed law.
Proposed law is not intended to nullify or supercede any preference in law for veterans of
the military or military service men and women.
Proposed law is not intended to nullify or supercede any minimum requirement related to
education, licensure, or other vocational standards.
Present law (R.S. 38:2315) requires that every person be guaranteed equal opportunity in the
selection of persons for professional services.
Present law provides that a selection for professional services shall not discriminate against
anyone based on race, religion, national ancestry, age, sex, or physical condition.
Proposed law changes "national ancestry" to "national origin" and "physical condition" to
"disability".
Page 10 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1130 ORIGINAL
HB NO. 632
Proposed law adds sexual orientation, gender identity, and gender expression to the list of
prohibited discriminatory classifications.
Present law (R.S. 51:2231) provides that the Louisiana Commission on Human Rights has
enforcement powers over certain discrimination statutes.
Present law adds proposed law (R.S. 23:335) to the statutes over which the Louisiana
Commission on Human Rights has enforcement authority.
Present law provides that the Louisiana Commission on Human Rights may study and report
on problems of discrimination because of race, creed, color, religion, sex, age, disability, or
national origin.
Proposed law adds sexual orientation, gender identity, and gender expression to the list of
discriminatory classifications that the Louisiana Commission on Human Rights may study.
Present law (R.S. 23:2237) provides that parishes and municipalities may adopt and enforce
ordinances prohibiting all forms of discrimination including race, creed, color, religion,
national origin, sex, disability, or age.
Proposed law adds sexual orientation, gender identity, and gender expression to present law.
Present law (R.S. 23:2237) allows any parish, municipality, or multiple parishes or
municipalities to create a local human rights commission to safeguard individuals from
discrimination because of race, creed, color, religion, national origin, sex, disability, or age.
Proposed law adds sexual orientation, gender identity, and gender expression to present law.
(Amends R.S. 38:2315, R.S. 51:2231 (Section heading), 2235(16)(a), 2236(A), and 2237(2);
Adds R.S. 23:335 and R.S. 38:1553.1 and 2183)
Page 11 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.