HLS 16RS-1294 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 925
BY REPRESENTATIVE BOUIE
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. 39:1553.1 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
15 and the protection of civil rights are compelling government interests. Nothing in
16 this Section shall be interpreted to infringe upon the freedom of expressive
17 association or the free exercise of religion protected by the First Amendment of the
18 United States 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:
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1 (1) Fail or refuse to hire or to discharge any individual or otherwise to
2 intentionally discriminate against any individual with respect to compensation, or the
3 terms, conditions, or privileges of employment because of the individual's actual or
4 perceived sexual orientation, gender identity, or gender expression.
5 (2) Limit, segregate, or classify employees or applicants for employment in
6 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 actual or perceived
14 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 membership,
21 or classify or fail or refuse to refer for employment any individual in any way which
22 would deprive or tend to deprive any individual of employment opportunities, or
23 would limit such employment opportunities, or otherwise adversely affect his status
24 as an employee or as an applicant for employment, because of such individual's
25 actual or perceived sexual orientation, gender identity, or gender expression.
26 (3) Cause or attempt to cause an employer to discriminate against an
27 individual in violation of this Section.
28 E. It shall be unlawful for any employer, employment agency, or labor
29 organization controlling apprenticeship or other training or retraining, including on-
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1 the-job training programs, to discriminate against any individual because of his
2 actual or perceived sexual orientation, gender identity, or gender expression in
3 admission to, or employment in, any program established to provide apprenticeship
4 or other training.
5 F. It shall be unlawful for an employer to discriminate against any of his
6 employees or applicants for employment, for an employment agency to discriminate
7 against any individual, or for a labor organization to discriminate against any
8 member thereof or applicant for membership because the individual, member, or
9 applicant for membership has opposed any practice made unlawful by this Section
10 or because such individual, member, or applicant for membership has made a charge,
11 testified, assisted, or participated in any manner in an investigation, proceeding, or
12 litigation pursuant to this Part.
13 G. It shall be unlawful for an employer, employment agency, or labor
14 organization to print or publish or cause to be printed or published any notice or
15 advertisement relating to employment by an employer or membership in or any
16 classification or referral for employment by a labor organization, or relating to any
17 classification or referral for employment by an employment agency, or relating to
18 admission to, or employment in, any program established to provide apprenticeship
19 or other training, indicating any preference, limitation, specification, or
20 discrimination based on actual or perceived sexual orientation, gender identity, or
21 gender expression. However, a notice or advertisement may indicate a preference,
22 limitation, specification, or discrimination based on actual or perceived sexual
23 orientation, gender identity, or gender expression when actual or perceived sexual
24 orientation, gender identity, or gender expression is a bona fide occupational
25 qualification for employment.
26 H. Nothing contained in this Section shall be construed to create a cause of
27 action against an employer, employment agency, or labor organization for
28 employment practices pursuant to any affirmative action plan.
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1 I. Nothing contained in this Section shall be construed to require an
2 employer, employment agency, labor organization, or insurer to grant preferential
3 treatment to any individual or to any group because of the actual or perceived sexual
4 orientation, gender identity, or gender expression of such individual or group on
5 account of an imbalance which may exist with respect to the total number or
6 percentage of persons of any actual or perceived sexual orientation, gender identity,
7 or gender expression employed by any employer, referred or classified for
8 employment by any employment agency or labor organization, admitted to
9 membership or classified by any labor organization, or admitted to or employed in
10 any apprenticeship or other training program, in comparison with the total number
11 or percentage of persons of such actual or perceived sexual orientation, gender
12 identity, or gender expression in any city, parish, or other area, or in the available
13 work force in any city, parish, or other area.
14 J. Notwithstanding any other provision of this Section, it shall not be
15 unlawful discrimination in employment for:
16 (1) An employer to hire and employ employees, for an employment agency
17 to classify or refer for employment any individual, for a labor organization to
18 classify its membership or to classify or refer for employment any individual, or for
19 an employer, employment agency, labor organization, or insurer controlling
20 apprenticeship or other training or retraining programs to admit or employ any
21 individual in any such program on the basis of his actual or perceived sexual
22 orientation, gender identity, or gender expression in those certain instances where
23 actual or perceived sexual orientation, gender identity, or gender expression is a bona
24 fide occupational qualification reasonably necessary for the normal operation of that
25 particular business or enterprise.
26 (2) An employer to apply different standards of compensation or different
27 terms, conditions, or privileges of employment pursuant to a bona fide seniority or
28 merit system, or a system which measures earnings by quantity or quality of
29 production, or to employees who work in different locations, provided that such
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1 differences are not the result of an intention to discriminate because of actual or
2 perceived sexual orientation, gender identity, or gender expression.
3 (3) An employer to give and to act upon the results of any professionally
4 developed ability test, provided that such test, its administration, or action upon the
5 results is not designed, intended, or used to discriminate because of actual or
6 perceived sexual orientation, gender identity, or gender expression.
7 (4) An employer to establish appropriate dress and appearance requirements
8 for its employees, provided that employers allow any employee to appear and dress
9 in a manner consistent with the employee’s gender identity.
10 (5) An employer to refuse to provide benefits for the partner of any
11 employee.
12 K. The provisions of this Section relative to discrimination on the basis of
13 sexual orientation, gender identity, and gender expression shall not apply to a
14 corporation, association, educational institution or institution of learning, or society
15 that is exempt from the religious discrimination provisions of 42 USC 2000(e)-1(a)
16 or 2000(e)-2(e) (formerly, Section 702(1) or 703(e)(2) of Title VII of the Civil
17 Rights Act of 1964).
18 Section 2. R.S. 38:2315 is hereby amended and reenacted to read as follows:
19 §2315. Equal opportunity
20 Every person shall be guaranteed equal employment opportunities in the
21 selection of persons for professional services and such selection shall not
22 discriminate against any person because of race, religion, national ancestry origin,
23 age, sex, or physical condition sexual orientation, gender identity, gender expression,
24 or disability. If any person or persons violates the provisions of this Section, he shall
25 be subject to the same penalties as provided in R.S. 38:2314(A).
26 Section 3. R.S. 39:1553.1 and 2183 are hereby enacted to read as follows:
27 §1553.1 Equal opportunity
28 A. Every person shall be guaranteed equal employment opportunities in the
29 selection of persons for procurement pursuant to this Chapter.
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1 B. Procurement contracts shall not discriminate against any person because
2 of race, religion, national origin, age, sex, sexual orientation, gender identity, gender
3 expression, or disabilities.
4 C.(1) No governmental body, in the selection of a person for a procurement
5 contract, shall discriminate against any person because that person is a member of
6 a category designated in Subsection B of this Section.
7 (2) No person awarded a procurement contract shall discriminate in the
8 employment of an individual because that individual is a member of a category of
9 persons designated in Subsection B of this Section.
10 D.(1) Every contract, invitation to bid, or request for proposal pursuant to
11 this Chapter, shall include a statement advising an applicant that, by signing the
12 contract, bid document, or proposal, the applicant agrees that the applicant will not
13 discriminate in the employment of individuals to perform the work or to provide
14 materials, supplies, or services pursuant to the contract who are members of a
15 category designated in Subsection B of this Section.
16 (2) State agencies or other state entities may designate categories of persons
17 or factors in addition to those provided in Subsection B of this Section in
18 nondiscrimination clauses in a procurement contract, invitation to bid, or request for
19 proposal.
20 E. Nothing in this Section shall be construed to nullify or supersede any
21 preference in law for veterans of the military or military service men or service
22 women.
23 F. Nothing in this Section shall be construed to nullify or supersede any
24 minimum requirement related to education, licensure, or other vocational standards.
25 * * *
26 §2183. Equal opportunity
27 A. Every person shall be guaranteed equal employment opportunities in the
28 selection of persons for public contracts pursuant to this Chapter.
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1 B. Public contracts shall not discriminate against any person because of race,
2 religion, national origin, age, sex, sexual orientation, gender identity, gender
3 expression, or disability.
4 C.(1) No public entity, in the selection of a person to award a public contract,
5 shall discriminate against any person because that person is a member of a category
6 designated in Subsection B of this Section.
7 (2) No person awarded a public contract shall discriminate in the rendering
8 of services to, or employment of, an individual because that individual is a member
9 of a category of persons designated in Subsection B of this Section.
10 D.(1) Every contract and bidding document shall include a statement
11 advising that, by signing the contract, the contractor shall not discriminate in the
12 rendering of services to, or employment of, individuals to perform the work, or to
13 provide materials, supplies, or services pursuant to the contract, who are members
14 of a category designated in Subsection B of this Section.
15 (2) State agencies or other state entities may designate categories of persons
16 or factors in addition to those provided in Subsection B of this Section in
17 nondiscrimination clauses in public contracts.
18 E. Nothing in this Section shall be construed to nullify or supersede any
19 preference in law for veterans of the military or military service men or service
20 women.
21 F. Nothing in this Section shall be construed to nullify or supersede any
22 minimum requirement related to education, licensure, or other vocational standards.
23 Section 4. R.S. 51:2231 (Section heading), 2235(16)(a), 2236(A), and 2237(2) are
24hereby amended and reenacted to read as follows:
25 §2231. Statement of purpose; limitation on prohibitions against discrimination
26 because of age
27 * * *
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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
7 will aid in effectuating the purposes of this Chapter. Members of such committees
8 shall serve without pay but shall be reimbursed for expenses incurred in such service.
9 The 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, age, disability, sexual orientation, gender identity, gender
13 expression, or national origin.
14 * * *
15 §2236. Parishes and municipalities may prohibit discrimination
16 A. Parishes and municipalities may adopt and enforce ordinances, orders,
17 and resolutions prohibiting all forms of discrimination, including discrimination on
18 the basis of race, creed, color, religion, national origin, sex, disability, sexual
19 orientation, gender identity, gender expression, or age, and to prescribe penalties for
20 violations thereof, such penalties being in addition to the remedial orders and
21 enforcement 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, disability, sexual
3 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 925 Original 2016 Regular Session Bouie
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.
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.
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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.
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. 39:1553.1 and 2183) provides for equal employment opportunities in the
selection of persons for public contracts and procurement contracts.
Proposed law prohibits discrimination against any person because of race, religion, national
origin, age, sex, sexual orientation, gender identity, gender expression, or disability, in
awarding public contracts or procurement contracts.
Proposed law requires that every contract, invitation to bid, request for proposal, or bidding
document include a statement advising that the contractor shall not discriminate when he
renders services to or in the employment of individuals to perform the work, or provide
materials, supplies, or services pursuant to the contract, who are members of the category
of individuals listed in proposed law.
Proposed law is not intended to nullify or supercede any preference in law for veterans of
the military or military service men and women.
Proposed law is not intended to nullify or supercede any minimum requirement related to
education, licensure, or other vocational standards.
Present law (R.S. 38:2315) requires that every person be guaranteed equal opportunity in the
selection of persons for professional services.
Present law provides that a selection for professional services shall not discriminate against
anyone based on race, religion, national ancestry, age, sex, or physical condition.
Proposed law changes "national ancestry" to "national origin" and "physical condition" to
"disability".
Proposed law adds sexual orientation, gender identity, and gender expression to the list of
prohibited discriminatory classifications.
Present law (R.S. 51:2231) provides that the Louisiana Commission on Human Rights has
enforcement powers over certain discrimination statutes.
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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 and R.S. 51:2231 (Section heading), 2235(16)(a), 2236(A), and
2237(2); Adds R.S. 23:335 and R.S. 39:1553.1 and 2183)
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