HLS 21RS-919 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 379
BY REPRESENTATIVE LARVADAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LIABILITY/TORTS: Provides for liability for damages caused by sexual harassment
1 AN ACT
2To enact Civil Code Article 2315.11, relative to damages; to provide for exemplary
3 damages; to provide relative to sexual harassment in the workplace; to provide for
4 attorney fees and court costs; to provide for liberative prescription; and to provide
5 for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Article 2315.11 is hereby enacted to read as follows:
8 Art. 2315.11. Liability for damages caused by sexual harassment
9 A. In addition to general and special damages, exemplary damages may be
10 awarded upon proof that the injuries on which the action is based were caused by an
11 act or acts of sexual harassment in the workplace.
12 B. The provisions of this Article shall be applicable only to the perpetrator
13 of the sexual harassment.
14 C. Upon motion of the defendant or upon its own motion, if the court
15 determines that an action seeking damages under this Article is frivolous or
16 fraudulent, the court shall award costs of court, reasonable attorney fees, and any
17 other related costs to the defendant and any other sanctions and relief requested
18 pursuant to Code of Civil Procedure Article 863.
19 D. An action under the provisions of this Article shall be subject to a
20 liberative prescriptive period of three years.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-919 ORIGINAL
HB NO. 379
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 379 Original 2021 Regular Session Larvadain
Abstract: Provides for exemplary damages for sexual harassment in the workplace.
Proposed law (C.C. Art. 2315.11) provides for liability for damages caused by an act or acts
of sexual harassment in the workplace for the perpetrator of the sexual harassment.
Present law (C.C.P. Art. 863) provides for sanctions for pleadings not verified or certified
by an attorney.
Proposed law (C.C. Art. 2315.11) provides for an amount of court costs, reasonable attorney
fees, and other related costs to the defendant, as well as other sanctions and relief under
C.C.P. Art. 863, for frivolous or fraudulent claims.
Proposed law (C.C. Art. 2315.11) provides for a liberative prescriptive period of three years.
(Adds C.C. Art. 2315.11)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.