ENROLLED
ACT No. 35
2019 Regular Session
HOUSE BILL NO. 197
BY REPRESENTATIVE FOIL
1 AN ACT
2 To enact R.S. 13:5109.1, relative to the settlement of certain claims; to provide relative to
3 claims based upon allegations of sexual harassment or sexual assault; to provide for
4 prohibitions of the use of certain terms of settlement agreements; to provide for
5 definitions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:5109.1 is hereby enacted to read as follows:
8 ยง5109.1. Settlement of claims; prohibited terms
9 A. No settlement agreement of a claim against the state, a state agency, a
10 political subdivision, or any employee or officer of the state, a state agency, or a
11 political subdivision shall contain a provision prohibiting the disclosure by the
12 claimant of the terms of or the facts associated with the underlying claim of the
13 settlement agreement when the underlying claim is based on an allegation of sexual
14 harassment or sexual assault of the claimant and public funds are paid, in whole or
15 in part, as satisfaction of the terms of the settlement agreement.
16 B.(1) "Sexual assault" means any nonconsensual sexual contact including but
17 not limited to any act provided in R.S. 15:541(24) or obscenity as provided by R.S.
18 14:106.
19 (2) "Sexual harassment" means unwelcome sexual advances, requests for
20 sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature
21 when the conduct explicitly or implicitly affects an individual's employment or the
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 197 ENROLLED
1 holding of office, unreasonably interferes with an individual's work performance, or
2 creates an intimidating, hostile, or offensive work environment.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.