The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Angela L. De Jean.
DIGEST
SB 436 Original 2016 Regular Session Carter
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.
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.
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.
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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(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. 39:1553.1 and 2183)