Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB447 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
SB 447 Original	2018 Regular Session	Barrow
Proposed law requires each public employee and elected official to receive at least one hour of
sexual harassment training annually.  Requires training for new hires to be taken within the first 30
days of employment and for newly elected officials to be taken within the first 90 days of office.
Proposed law requires each agency head to designate at least one employee to be the Employee
Relations Designee (ERD).  Provides that the ERD shall both:
(1)Provide public employees and elected officials of that agency training relative to sexual
harassment in the workplace. Requires ERD to utilize education and training materials made
available by the Department of State Civil Service (Civil Service).
(2)Coordinate and facilitate the agency's complaint process. 
Present law requires Civil Service to institute, develop, conduct, maintain, and otherwise provide
for continuing programs of in-service training and education.  Provides for a policy board with
membership across state government to advise Civil Service on programming.  Requires
programming to include components for supervisory, administrative and managerial employees and
officials as well as nonsupervisory employees. 
Proposed law requires Civil Service to make available to an ERD access to the education and
training materials for the required sexual harassment training.  Provides that only education and
training materials made available through Civil Service will be considered in determining an
employee or official's compliance with proposed law.
Proposed law allows public employees and elected officials to receive the required training either
in person or via the internet.
Proposed law provides that each agency head shall ensure that each public servant in that agency is
notified of the current name and contact information of each ERD and that the current name and
contact information of each ERD is posted and maintained in a convenient and conspicuous manner.
Requires the agency head to submit the name and contact information of each ERD to Civil Service
no later than July 1st of each year and to notify Civil Service within 30 days of any change in the
name or contact information of an ERD.
Proposed law provides that beginning in calendar year 2019, each public employee or elected official
who supervises one or more subordinate employees shall be required to receive an additional one
hour of education and training on sexual harassment annually. Proposed law requires Civil Service to develop education and training materials designed specifically
for management personnel no later than January 1, 2019.  Civil Service may also approve materials
for such purpose that are developed outside of Civil Service but have the desired content.
Proposed law requires each agency to keep records of their employees and elected officials'
compliance with the training requirements. Provides that if an agency discovers that an employee
or elected official failed to complete the required training, the state agency shall impose the
appropriate corrective action.
Proposed law requires each agency head to adopt a policy on sexual harassment in the workplace
consistent with the policy on sexual harassment adopted by the commissioner of administration.
Provides the minimum components of the policy, including a description of prohibited behavior,
contact information for agency's ERD, training requirements, complaint and investigation process,
prohibition on reprisal or retaliation, confidentiality, due process, etc.
Proposed law provides for definitions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 42:1251-1253)