HLS 22RS-80 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 253
BY REPRESENTATIVES EDMONSTON, AMEDEE, BAGLEY, BUTLER, ECHOLS,
GADBERRY, HODGES, HORTON, MCCORMICK, CHARLES OWEN,
SCHAMERHORN, SEAB AUGH, AND WRIGHT
DISCRIMINATION: Prohibits discriminatory practices on the basis of vaccination status
or immunity status
1 AN ACT
2To amend and reenact R.S. 9:3583, R.S. 17:7(20)(b)(ix), 46(Q), 100.5(C)(2), 111(A),
3 158(F), 407.40(A)(5), and 1187(B), R.S. 22:1128(D)(2), 1206(7)(a)(i) and (ii),
4 1452(C)(25), and 1454(A), R.S. 23:332, R.S. 37:1025(B), 1360.23(H), 1360.82, and
5 2719, R.S. 38:2315, R.S. 39:1411, R.S. 40:1133.1(C), 2113.4(A), 2113.6(A)(1) and
6 (B), 2120.35(B)(5), and 2125(B), R.S. 46:437.11(A), 1104, 1134, 1154, 1407(F), and
7 1995, R.S. 47:37(C) and 287.755(C), R.S. 49:145, 146(A)(1), and 673, and R.S.
8 51:2231(A), 2232(5), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2),
9 2255(A)(introductory paragraph), and 2608 and to enact R.S. 22:1063(A)(1)(i), R.S.
10 23:302(9) and (10), R.S. 40:2102(5) and (6), and R.S. 51:2232(11) and (12) and
11 2603(13) and (14), relative to discriminatory practices based on vaccination status
12 or immunity status; to prohibit discriminating between individuals based on such
13 status; to provide for the extension of credit; to provide for the duties of the State
14 Board of Elementary and Secondary Education; to provide for financial assistance
15 awards; to provide for the granting of sabbatical leave; to provide for enrollment at
16 alternative schools; to provide for public school admissions; to provide for the duties
17 of public school boards; to provide for student transportation; to provide for early
18 learning center licensing; to provide for eligibility in group health plans and health
19 insurance coverage; to provide for the duties of the commissioner of insurance; to
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1 provide for risk rates of the Louisiana Health Plan; to provide for insurance rates for
2 property and casualty insurance; to provide for intentional discrimination in
3 employment; to provide for the duties of the Department of Health; to provide for
4 the selection of medication attendants; to provide for the duties of the State Board
5 of Medical Examiners; to provide for the training of physician assistants; to provide
6 for direct primary care practices; to provide for the duties of the Louisiana State
7 Board of Social Work Examiners; to provide for application to the Louisiana State
8 Board of Social Work Examiners; to provide for the selection of persons for
9 professional services in public contracts; to provide for programs and activities
10 receiving state financial assistance; to provide for the licensure process for
11 emergency medical personnel; to provide for emergency services; to provide for
12 adult brain injury facilities; to provide for medical assistance programs; to provide
13 for parish hospital and hospital service district affirmative action programs; to
14 provide for child-placing agencies, maternity homes, and certain residential homes;
15 to provide for certain programs and activities for displaced homemakers; to provide
16 for certain income tax credits; to provide for access to public meetings in public
17 buildings and facilities; to provide for the expenditure of federal block grant funds;
18 to provide for the Louisiana Commission of Human Rights; to provide for the
19 authority of the commission; to provide for local human rights commissions; to
20 provide relative to discriminatory practices and advertisements; to provide relative
21 to discrimination by financial institutions; to provide for credit transactions; to
22 provide for the Equal Housing Opportunity Act; to provide relative to the provision
23 of brokerage services; to provide for definitions; and to provide for related matters.
24Be it enacted by the Legislature of Louisiana:
25 Section 1. R.S. 9:3583 is hereby amended and reenacted to read as follows:
26 §3583. Discrimination prohibited
27 A. It shall be unlawful for any extender of credit to refuse to extend credit
28 to any major or emancipated minor solely because of that person's race, color,
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1 religion, national origin, sex, vaccination status or immunity status, as those terms
2 are defined in R.S. 51:2232, or marital status.
3 B. It shall also be unlawful for any extender of credit to require any major
4 or emancipated minor to meet credit qualification standards not required of other
5 persons similarly situated.
6 Section 2. R.S. 17:7(20)(b)(ix), 46(Q), 100.5(C)(2), 111(A), 158(F), 407.40(A)(5),
7and 1187(B) are hereby amended and reenacted to read as follows:
8 §7. Duties, functions, and responsibilities of board
9 In addition to the authorities granted by R.S. 17:6 and any powers, duties, and
10 responsibilities vested by any other applicable laws, the board shall:
11 * * *
12 (20)
13 * * *
14 (b) The following guidelines, criteria, and procedures shall apply to the
15 financial assistance awards program provided for by this Paragraph:
16 * * *
17 (ix) The criteria for approving a financial assistance award shall consist of
18 thoroughness and detail of information submitted in the application process and the
19 qualifications and competition record of the team members or individual competitors
20 seeking assistance. Award criteria shall not discriminate against any student on the
21 basis of race, sex, religious belief, vaccination status or immunity status, as those
22 terms are defined in R.S. 51:2232, or school attendance at an approved nonpublic
23 school.
24 * * *
25 §46. Sabbatical leave program
26 * * *
27 Q. Each person granted sabbatical leave shall sign an agreement or contract
28 with the superintendent of the Special School District stipulating that, as a condition
29 of his sabbatical leave and in order to be eligible for compensation during such leave,
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1 he will return to service for one semester for each semester of leave following the
2 expiration of his leave in the special school granting the leave. Should a person
3 taking sabbatical leave fail to return to service in the special school granting leave
4 for one semester for each semester of leave following the expiration of such leave
5 for any reason other than incapacitating illness as certified by two physicians, that
6 person shall forfeit all compensation received during the leave period, provided
7 however, the superintendent may waive the provisions of this Section in accordance
8 with the prepublished criteria if he deems to be in the best interest of the special
9 school to do so. No such waiver shall favor or discriminate against any employee
10 or applicant because of his job description, age, race, or sex, or vaccination status or
11 immunity status, as those terms are defined in R.S. 51:2232.
12 * * *
13 §100.5. Alternative schools; establishment by local boards
14 * * *
15 C.
16 * * *
17 (2) Eligibility for enrollment in alternative schools shall be determined from
18 a list compiled by each city and parish school board of students with discipline
19 problems whose behavior is disruptive. Students selected for enrollment in the
20 alternative schools from the eligibility list shall be selected from volunteers,
21 provided that there shall be no racial, sexual, or ethnic discrimination or
22 discrimination based on vaccination status or immunity status, as those terms are
23 defined in R.S. 51:2232, in either the compilation of the eligibility list or in the
24 operation of the school.
25 * * *
26 §111. Discrimination in public schools prohibited; pupil assignment; religious
27 educational institutions
28 A. No person shall be refused admission into or be excluded from any public
29 school in the state of Louisiana on account of race, creed, color, disability, as defined
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1 in R.S. 51:2232, or national origin, or disability, vaccination status, or immunity
2 status, as those terms are defined in R.S. 51:2232.
3 * * *
4 §158. School buses for transportation of students; employment of bus operators;
5 alternative means of transportation; improvement of school bus turnarounds;
6 loading and unloading students
7 * * *
8 F. The provisions of this Section shall apply to eligible public and nonpublic
9 school students. However, these provisions shall not apply to any student or the
10 parent or tutor of any student who attends a school which discriminates on the basis
11 of race, creed, color, or national origin, or vaccination status or immunity status, as
12 those terms are defined in R.S. 51:2232.
13 * * *
14 §407.40. Rules, regulations and standards for licenses
15 A. The State Board of Elementary and Secondary Education shall
16 promulgate regulations for each type of license which, at a minimum, shall
17 accomplish all of the following:
18 * * *
19 (5) Prohibit discrimination on the basis of race, color, creed, sex, national
20 origin, handicap, ancestry, vaccination status or immunity status, as those terms are
21 defined in R.S. 51:2232, or whether the child is being breastfed. However, nothing
22 in this Paragraph shall be construed to affect, limit, or otherwise restrict the hiring
23 or admission policies of an early learning center owned by a church or religious
24 organization, or prohibit such a center from giving preference in hiring or admission
25 to members of the church or denomination.
26 * * *
27 §1187. Persons granted sabbatical leave; return to service
28 * * *
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1 B. Should a person taking sabbatical leave fail to return to service in the
2 school system granting leave for one semester for each semester of leave following
3 the expiration of such leave for any reason other than incapacitating illness as
4 certified by two physicians, that person shall forfeit all compensation received during
5 the leave period. Provided however, any school board may waive the provisions of
6 this Section in accordance with prepublished criteria if it deems to be in the best
7 interest of the school system to do so. No such waiver shall favor or discriminate
8 against any employee or applicant because of his job description, age, race, or sex,
9 or vaccination status or immunity status, as those terms are defined in R.S. 51:2232.
10 * * *
11 Section 3. R.S. 22:1128(D)(2), 1206(7)(a)(i) and (ii), 1452(C)(25) and 1454(A) are
12hereby amended and reenacted and R.S. 22:1063(A)(1)(i) is hereby enacted to read as
13follows:
14 §1063. Prohibiting discrimination against individual participants and beneficiaries
15 based on health status
16 A.(1) Subject to Paragraph (2) of this Subsection, a group health plan, and
17 a health insurance issuer offering group health insurance coverage in connection with
18 a group health plan, may not establish rules for eligibility, including continued
19 eligibility, of any individual to enroll under the terms of the plan based on any of the
20 following health status-related factors in relation to the individual or a dependent of
21 the individual:
22 * * *
23 (i) Vaccination status or immunity status, as those terms are defined in R.S.
24 51:2232.
25 * * *
26 §1128. Comprehensive health coverage
27 * * *
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1 D. In defining essential health benefits for purposes of this Section, the
2 commissioner shall do the following:
3 * * *
4 (2) Ensure that coverage decisions, determination of reimbursement rates,
5 establishment of incentive programs, and designation of benefits are effected in ways
6 that do not discriminate against individuals because of age, disability, or life
7 expectancy, or vaccination status or immunity status, as those terms are defined in
8 R.S. 51:2232.
9 * * *
10 §1206. Powers and duties of the plan
11 The plan shall have the general powers and authority granted under the laws
12 of this state to insurance companies licensed to provide health and accident insurance
13 and, in addition thereto, the specific authority to:
14 * * *
15 (7) Establish appropriate rates, rate schedules, rate adjustments, expense
16 allowances, agent's referral fees, and claim reserve formulas, and perform or contract
17 for the performance of any other actuarial function appropriate to the operation of
18 the plan, subject to the following limitations:
19 (a) Rates for federally defined individuals and nonfederally defined
20 individuals.
21 (i) For federally defined individuals, subject to approval by the Department
22 of Insurance, the plan shall determine a standard risk rate for each coverage option
23 offered by considering the premium rates charged by other insurers offering similar
24 health insurance coverage to individuals and family groups, if applicable. The
25 standard risk rate shall be established using reasonable actuarial techniques and shall
26 reflect anticipated experience and expenses for such coverage. Subject to the limits
27 provided in this Paragraph, initial rates for each plan year shall be established to
28 provide fully for the expected costs of claims, including recovery of prior losses,
29 expenses of operation, investment income of claim reserves, and any other cost
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1 factors subject to the limitations described herein, provided such rates shall not
2 exceed two hundred percent of rates applicable to individual standard risks. Upon
3 the receipt of governmental appropriations or alternative funding sources, other than
4 assessments under R.S. 22:1210, such as authorized service charges, governmental
5 transfer payments, donations, or grants, the board shall be authorized to reduce rates
6 for the plan year based on established actuarial and underwriting practices. In no
7 event shall rates for plan coverage be less than the greater of one hundred twenty-
8 five percent of rates established as applicable for individual standard risks or rates
9 established for other individuals provided coverage by or through the plan unless
10 such rates would exceed the maximum amount allowed under this Paragraph. In no
11 instance shall the rates discriminate between covered individuals on the basis of
12 health-related factors, including vaccination status or immunity status, as those terms
13 are defined in R.S. 51:2232.
14 (ii) Rates for nonfederally defined individuals. For nonfederally defined
15 individuals, subject to approval by the Department of Insurance, the plan shall
16 determine a standard risk rate for each coverage option offered by considering the
17 premium rates charged by other insurers offering similar health insurance coverage
18 to individuals and family groups, if applicable. The standard risk rate shall be
19 established using reasonable actuarial techniques and shall reflect anticipated
20 experience and expenses for such coverage. Subject to the limits provided in this
21 Paragraph, initial rates for each plan year shall be established to provide fully for the
22 expected costs of claims, including recovery of prior losses, expenses of operation,
23 investment income of claim reserves, and any other cost factors subject to the
24 limitations of prior losses, expenses of operation, investment income of claim
25 reserves, and any other cost factors subject to the limitations described herein,
26 provided such rates shall not exceed two hundred percent of rates applicable to
27 individual standard risks. Upon the receipt of governmental appropriations or
28 alternative funding sources, such as authorized service charges, governmental
29 transfer payments, donations, or grants, the board shall be authorized to reduce rates
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1 for the plan year based on established actuarial and underwriting practices. In no
2 event shall rates for plan coverage be less than one hundred ten percent of rates
3 established as applicable for individual standard risks or rates established for other
4 individuals provided coverage by or through the plan, provided such rates shall not
5 exceed the maximum amount of two hundred percent of rates applicable to
6 individual standard rates. In no instance shall the rates discriminate between covered
7 individuals on the basis of health-related factors, including vaccination status or
8 immunity status, as those terms are defined in R.S. 51:2232.
9 * * *
10 §1452. Purpose of rate regulation; construction; definitions
11 * * *
12 C. As used in this Subpart, the following definitions shall be applicable:
13 * * *
14 (25) "Unfairly discriminatory" means not capable of being actuarially
15 justified or based on race, color, creed, or national origin, or vaccination status or
16 immunity status, as those terms are defined in R.S. 51:2232. It does not refer to rates
17 that produce differences in premiums for policyholders with different loss exposures,
18 so long as the rate is actuarially justified and reflects such differences with
19 reasonable accuracy.
20 * * *
21 §1454. Rating standards and methods
22 A. Rates shall not be inadequate or unfairly discriminatory in a competitive
23 market. Rates shall not be excessive, inadequate, or unfairly discriminatory in a
24 noncompetitive market. Risks may be classified using any criteria except that no
25 risk shall be classified on the basis of race, color, creed, or national origin, or
26 vaccination status or immunity status, as those terms are defined in R.S. 51:2232.
27 * * *
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1 Section 4. R.S. 23:332 is hereby amended and reenacted and R.S. 23:302(9) and (10)
2are hereby enacted to read as follows:
3 §302. Definitions
4 For purposes of this Chapter and unless the context clearly indicates
5 otherwise, the following terms shall have the following meanings ascribed to them:
6 * * *
7 (9) "Immunity status" shall have the same meaning as provided in R.S.
8 51:2232.
9 (10) "Vaccination status" shall have the same meaning as provided in R.S.
10 51:2232.
11 * * *
12 §332. Intentional discrimination in employment
13 A. It shall be unlawful discrimination in employment for an employer to
14 engage in any of the following practices:
15 (1) Intentionally fail or refuse to hire or to discharge any individual, or
16 otherwise to intentionally discriminate against any individual with respect to
17 compensation, or terms, conditions, or privileges of employment, because of the
18 individual's race, color, religion, sex, or national origin, vaccination status, or
19 immunity status.
20 (2) Intentionally limit, segregate, or classify employees or applicants for
21 employment in any way which would deprive or tend to deprive any individual of
22 employment opportunities, or otherwise adversely affect the individual's status as an
23 employee, because of the individual's race, color, religion, sex, or national origin,
24 vaccination status, or immunity status.
25 (3) Intentionally pay wages to an employee at a rate less than that of another
26 employee of the opposite sex for equal work on jobs in which their performance
27 requires equal skill, effort, and responsibility and which are performed under similar
28 working conditions. An employer paying wages in violation of this Section may not
29 reduce the wages of any other employee in order to comply with this Section.
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1 B. It shall be unlawful discrimination in employment for an employment
2 agency to intentionally fail or refuse to refer for employment, or otherwise to
3 intentionally discriminate against, any individual because of his race, color, religion,
4 sex, or national origin, or to intentionally classify or refer for employment any
5 individual on the basis of his race, color, religion, sex, or national origin, vaccination
6 status, or immunity status.
7 C. It shall be unlawful discrimination in employment for a labor organization
8 to engage in any of the following practices:
9 (1) Intentionally exclude or intentionally expel from its membership, or
10 otherwise intentionally discriminate against, any individual because of his race,
11 color, religion, sex, or national origin, vaccination status, or immunity status.
12 (2) Intentionally limit, segregate, or classify its membership or applicants for
13 membership, or intentionally classify or fail or refuse to refer for employment any
14 individual in any way which would deprive or tend to deprive any individual of
15 employment opportunities, or would limit such employment opportunities, or
16 otherwise adversely affect his status as an employee or as an applicant for
17 employment, because of such individual's race, color, religion, sex, or national
18 origin, vaccination status, or immunity status.
19 (3) Intentionally cause or attempt to cause an employer to discriminate
20 against an individual in violation of this Section.
21 D. It shall be unlawful discrimination in employment for any employer, labor
22 organization, or joint labor-management committee controlling apprenticeship or
23 other training or retraining, including on-the-job training programs, to discriminate
24 against any individual because of his race, color, religion, sex, or national origin,
25 vaccination status, or immunity status in admission to, or employment in, any
26 program established to provide apprenticeship or other training.
27 E. It shall be unlawful discrimination in employment for an employer,
28 employment agency, labor organization, or joint labor-management committee
29 controlling apprenticeship or other training or retraining, including on-the-job
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1 training programs, to print or publish, or cause to be printed or published, any notice
2 or advertisement relating to employment by an employer or membership in or any
3 classification or referral for employment by a labor organization, or relating to any
4 classification or referral for employment by an employment agency, or relating to
5 admission to, or employment in, any program established to provide apprenticeship
6 or other training by a joint labor-management committee, indicating any preference,
7 limitation, specification, or discrimination based on race, color, religion, sex, or
8 national origin, vaccination status, or immunity status. However, a notice or
9 advertisement may indicate a preference, limitation, specification, or discrimination
10 based on religion, sex, or national origin, vaccination status, or immunity status when
11 religion, sex, or national origin, vaccination status, or immunity status is a bona fide
12 occupational qualification for employment.
13 F. It shall be unlawful discrimination in employment for an insurer to engage
14 in any of the following practices:
15 (1) Intentionally fail or refuse to appoint or to discharge any insurance agent,
16 or otherwise to intentionally discriminate against any insurance agent with respect
17 to his compensation, terms, conditions, or privileges of employment, because of the
18 insurance agent's race, color, religion, sex, or national origin, vaccination status, or
19 immunity status.
20 (2) Intentionally limit, segregate, or classify his insurance agents or
21 applicants for an insurance agent in any way which would deprive or tend to deprive
22 any insurance agent or applicant of employment opportunities, or otherwise
23 adversely affect his status as an insurance agent or applicant because of the insurance
24 agent's or applicant's race, color, religion, sex, or national origin, vaccination status,
25 or immunity status.
26 G. Nothing contained in this Section shall be construed so as to create a
27 cause of action against an employer, employment agency, labor organization, or
28 insurer for employment practices pursuant to any affirmative action plan.
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1 H. Notwithstanding any other provision of this Section, it shall not be
2 unlawful discrimination in employment for:
3 (1) An employer to hire and employ employees, for an employment agency
4 to classify or refer for employment any individual, for a labor organization to
5 classify its membership or to classify or refer for employment any individual, or for
6 an employer, labor organization, or joint labor-management committee controlling
7 apprenticeship or other training or retraining programs to admit or employ any
8 individual in any such program on the basis of his religion, sex, or national origin,
9 vaccination status, or immunity status in those certain instances where religion, sex,
10 or national origin, vaccination status, or immunity status is a bona fide occupational
11 qualification reasonably necessary for the normal operation of that particular
12 business or enterprise.
13 (2) A school, college, university, or other educational institution or
14 institution of learning to hire and employ employees of a particular religion if such
15 school, college, university, or other educational institution or institution of learning
16 is, in whole or in substantial part, owned, supported, controlled, or managed by a
17 particular religion or by a particular religious corporation, association, or society, or
18 if the curriculum of the school, college, university, or other educational institution
19 or institution of learning is directed toward the propagation of a particular religion.
20 (3) An employer to apply different standards of compensation or different
21 terms, conditions, or privileges of employment pursuant to a bona fide seniority or
22 merit system, or a system which measures earnings by quantity or quality of
23 production, or any other differential based on any factor other than sex, or to
24 employees who work in different locations, provided that such differences are not
25 the result of an intention to discriminate because of race, color, religion, sex, or
26 national origin, vaccination status, or immunity status.
27 (4) An employer to give and to act upon the results of any professionally
28 developed ability test, provided that such test, its administration, or action upon the
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1 results is not designed, intended, or used to discriminate because of race, color,
2 religion, sex, or national origin, vaccination status, or immunity status.
3 Section 5. R.S. 37:1025(B), 1360.23(H), 1360.82, and 2719 are hereby amended
4and reenacted to read as follows:
5 §1025. Qualifications of applicants to the drug administration course
6 * * *
7 B. There will be no discrimination in selection of medication attendants for
8 reason of race, color, creed, religion, disability, as defined in R.S. 51:2232, or
9 national origin, or disability, vaccination status, or immunity status, as those terms
10 are defined in R.S. 51:2232.
11 * * *
12 §1360.23. Powers and duties of the board
13 * * *
14 H. The board shall ensure that applicants for the program shall not be
15 discriminated against due to race, color, creed, age, sex, disability, as defined in R.S.
16 51:2232, or national origin, or disability, vaccination status, or immunity status, as
17 those terms are defined in R.S. 51:2232.
18 * * *
19 §1360.82. Prohibition on discrimination
20 Except as provided in R.S. 37:1360.85, no direct practice shall decline to
21 accept any person solely on account of race, religion, national origin, the presence
22 of any sensory, mental, or physical disability, education, or economic status, or
23 vaccination status or immunity status, as those terms are defined in R.S. 51:2232.
24 * * *
25 §2719. Discrimination
26 No license, certificate, or registration shall be denied any applicant based
27 upon the applicant's race, religion, creed, national origin, sex, vaccination status or
28 immunity status, as those terms are defined in R.S. 51:2232, or physical impairment
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1 so long as the physical impairment does not interfere with the performance of
2 professional duties.
3 Section 6. R.S. 38:2315 is hereby amended and reenacted to read as follows:
4 §2315. Equal opportunity
5 Every person shall be guaranteed equal employment opportunities in the
6 selection of persons for professional services and such selection of persons for
7 professional services and such selection shall not discriminate against any person
8 because of race, religion, national ancestry, age, sex, or physical condition, or
9 vaccination status or immunity status, as those terms are defined in R.S. 51:2232.
10 If any person or persons violates the provisions of this section, they shall be subject
11 to the same penalties as provided in R.S. 38:2314(A).
12 Section 7. R.S. 39:1411 is hereby amended and reenacted to read as follows:
13 §1411. No state assistance for discriminatory programs
14 No person in the State of Louisiana shall, on the ground of race, color,
15 religion, or national origin, or vaccination status or immunity status, as those terms
16 are defined in R.S. 51:2232, be excluded from participation in, be denied the benefits
17 of, or be subjected to discrimination under any program or activity receiving state
18 financial assistance.
19 Section 8. R.S. 40:1133.1(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5), and
202125(B) are hereby amended and reenacted and R.S. 40:2102(5) and (6) are hereby enacted
21to read as follows:
22 §1133.1. Emergency medical personnel training; licensure
23 * * *
24 C. The bureau shall affirmatively provide that there is no discrimination
25 toward any individual in the licensure process on the basis of race, religion, creed,
26 national origin, sex, or age, or vaccination status or immunity status, as those terms
27 are defined in R.S. 51:2232.
28 * * *
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1 §2102. Definitions
2 As used in this Part:
3 * * *
4 (5) "Immunity status" shall have the same meaning as provided in R.S.
5 51:2232.
6 (6) "Vaccination status" shall have the same meaning as provided in R.S.
7 51:2232.
8 * * *
9 §2113.4. Duty to provide services; penalty
10 A. Any general hospital licensed under this Part, which is owned or operated,
11 or both, by a hospital service district, which benefits from being financed by the sale
12 of bonds that are exempt from taxation as provided by Louisiana law, or which
13 receives any other type of financial assistance from the state of Louisiana and which
14 offers emergency room services to the public and is actually offering such services
15 at the time, shall make its emergency services available to all persons residing in the
16 territorial area of the hospital regardless of whether the person is covered by private,
17 federal Medicare or Medicaid, or other insurance. Each person shall receive these
18 services free from discrimination based on race, religion, or national ancestry and
19 from arbitrary, capricious, or unreasonable discrimination based on age, sex,
20 vaccination status, immunity status, or physical condition and economic status.
21 However, in no event shall emergency treatment be denied to anyone on account of
22 inability to pay. Any such hospital found to be in violation of this Section shall not
23 receive any client referrals from the Louisiana Department of Health.
24 * * *
25 §2113.6. Emergency diagnoses and services; denial for inability to pay;
26 discriminatory practices
27 A.(1) No officer, employee, or member of the medical staff of a hospital
28 licensed by the Louisiana Department of Health shall deny emergency services
29 available at the hospital to a person diagnosed by a licensed physician as requiring
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1 emergency services because the person is unable to establish his ability to pay for the
2 services or because of race, religion, or national ancestry. In addition, the person
3 needing the services shall not be subjected by any such person to arbitrary,
4 capricious, or unreasonable discrimination based on age, sex, physical condition,
5 vaccination status, immunity status, or economic status.
6 * * *
7 B. No officer, employee, or member of the medical staff of a hospital
8 licensed by the Louisiana Department of Health shall deny a person in need of
9 emergency services access to diagnosis by a licensed physician on the staff of the
10 hospital because the person is unable to establish his ability to pay for the services
11 or because of race, religion, or national ancestry. In addition, the person needing the
12 services shall not be subjected by any such person to arbitrary, capricious, or
13 unreasonable discrimination based on age, sex, physical condition, vaccination
14 status, immunity status, or economic status.
15 * * *
16 §2120.35. Rules, regulations, and standards for licenses
17 * * *
18 B. The department shall promulgate minimum standards for adult brain
19 injury facilities as defined in this Part which, at a minimum, shall:
20 * * *
21 (5) Prohibit discrimination by brain injury facilities on the basis of race,
22 color, creed, sex, disability, as defined in R.S. 51:2232, national origin, or ancestry,
23 or disability, vaccination status, or immunity status, as those terms are defined in
24 R.S. 51:2232.
25 * * *
26 §2125. Age; continuation of assistance; discrimination
27 * * *
28 B. Such assistance shall not be provided where an institution or provider
29 discriminates against those seeking services provided herein on the basis of race,
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1 color, creed, disability, as defined in R.S. 51:2232, or national origin, or disability,
2 vaccination status, or immunity status, as those terms are defined in R.S. 51:2232.
3 Section 9. R.S. 46:437.11(A), 1104, 1134, 1154, 1407(F), and 1995 are hereby
4amended and reenacted to read as follows:
5 §437.11. Provider agreements
6 A. The department shall make payments from medical assistance programs
7 funds for goods, services, or supplies rendered to recipients to any person who has
8 a provider agreement in effect with the department, who is complying with all
9 federal and state laws and rules pertaining to the medical assistance programs, and
10 who agrees that no person shall be subjected to discrimination under the medical
11 assistance programs because of race, creed, ethnic origin, sex, age, or physical
12 condition, or vaccination status or immunity status, as those terms are defined in R.S.
13 51:2232.
14 * * *
15 §1104. Application consideration; evaluation
16 It shall be the duty of the board of commissioners to receive, consider,
17 evaluate, and allow or disallow all applications for scholarships made by eligible
18 applicants. The board of commissioners shall make careful and full investigation of
19 the ability and qualifications of each applicant. The board of commissioners shall
20 provide that an affirmative action program for the selection of recipients be
21 established which shall include that no discrimination occur on the basis of race,
22 creed, sex, age, or ethnic origin, or vaccination status or immunity status, as those
23 terms are defined in R.S. 51:2232. The board of commissioners shall establish and
24 publish rules on the selection process of the recipient which shall preclude the
25 appearance of and the possibility of nepotism. The board of commissioners shall
26 notify each applicant selected to receive a scholarship of his selection and shall also
27 notify the dean of the medical school to which the recipient has been admitted or in
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1 which he is engaged in study, or the chief administrator of any internship or
2 residency program in which the applicant is engaged.
3 * * *
4 §1134. Application consideration; evaluation
5 It shall be the duty of the board of commissioners to receive, consider,
6 evaluate, and allow or disallow all applications for scholarships made by eligible
7 applicants. The board of commissioners shall make careful and full investigation of
8 the ability and qualifications of each applicant. The board of commissioners shall
9 provide that an affirmative action program for the selection of recipients be
10 established which shall include that no discrimination occur on the basis of race,
11 creed, sex, age, or ethnic origin, or vaccination status or immunity status, as those
12 terms are defined in R.S. 51:2232. The board of commissioners shall establish and
13 publish rules on the selection process of the recipient which shall preclude the
14 appearance of and the possibility of nepotism. The board of commissioners shall
15 notify each applicant selected to receive a scholarship of his selection and shall also
16 notify the dean of the nursing school or office of financial assistance at the school
17 where the student is registered.
18 * * *
19 §1154. Application consideration; evaluation
20 The board shall receive, consider, evaluate, and allow or disallow all
21 applications for scholarships made by eligible applicants. The board shall make
22 careful and full investigation of the ability and qualifications of each applicant. The
23 board shall ensure that no discrimination occurs on the basis of race, creed, sex, age,
24 or ethnic origin, or vaccination status or immunity status, as those terms are defined
25 in R.S. 51:2232. The board shall establish and publish rules on the selection process
26 of the recipient which shall preclude the appearance of and the possibility of
27 nepotism. The board shall notify each applicant selected to receive a scholarship of
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1 his selection and shall also notify the dean of the school or office of financial
2 assistance at the school where the student is registered.
3 * * *
4 §1407. Rules, regulations, and standards for licenses
5 * * *
6 F. Discrimination by specialized providers and child-placing agencies on the
7 basis of race, color, creed, sex, national origin, disability as defined by R.S. 51:2232,
8 ancestry, or whether the child is being breastfed, or disability, vaccination status, or
9 immunity status, as those terms are defined in R.S. 51:2232 is prohibited. However,
10 this shall not restrict the hiring or admission policies of a church or religious
11 organization, which may give preference in hiring or admission to members of the
12 church or denomination.
13 * * *
14 §1995. Nondiscrimination
15 No citizen of this state shall on the ground of sex, age, race, color, religion,
16 or national origin, or vaccination status or immunity status, as those terms are
17 defined in R.S. 51:2232, be excluded from participating in, be denied the benefits of,
18 or be subjected to discrimination under, any program or activity funded in whole or
19 in part with funds made available under this Chapter.
20 Section 10. R.S. 47:37(C) and 287.755(C) are hereby amended and reenacted to read
21as follows:
22 §37. Tax credit for contributions to educational institutions
23 * * *
24 C. There shall be allowed a credit against the tax liability due under the
25 income tax for donations, contributions, or sales below cost of tangible movable
26 property made to educational institutions in the state of Louisiana. The credit
27 allowed by this Section shall be computed at the rate of twenty-nine percent of such
28 property's value, as defined herein, or, in the case of a sale below cost, twenty-nine
29 percent of the difference between the price received for the tangible movable
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1 property by the taxpayer and the value of the property as defined herein. The credit
2 shall be limited to the total of the tax liability for the taxable year for which it is
3 being claimed and shall be in lieu of the deductions from gross income provided for
4 in R.S. 47:57. The credit shall not be allowed if the taxpayer arbitrarily,
5 capriciously, or unreasonably discriminates against any person because of race,
6 religion, ideas, beliefs, or affiliations, or vaccination status or immunity status, as
7 those terms are defined in R.S. 51:2232.
8 * * *
9 §287.755. Tax credit for contributions to educational institutions
10 * * *
11 C. There shall be allowed a credit against the tax liability due under the
12 income tax for donations, contributions, or sales below cost of tangible movable
13 property made to educational institutions in the state of Louisiana. The credit
14 allowed by this Section shall be computed at the rate of twenty-nine percent of such
15 property's value, as defined herein, or, in the case of a sale below cost, twenty-nine
16 percent of the difference between the price received for the tangible movable
17 property by the taxpayer and the value of the property as defined herein. The credit
18 shall be limited to the total of the tax liability for the taxable year for which it is
19 being claimed and shall be in lieu of the deductions from gross income provided for
20 in R.S. 47:57. The credit shall not be allowed if the taxpayer arbitrarily,
21 capriciously, or unreasonably discriminates against any person because of race,
22 religion, ideas, beliefs, or affiliations, or vaccination status or immunity status, as
23 those terms are defined in R.S. 51:2232.
24 * * *
25 Section 11. R.S. 49:145, 146(A)(1), and 673 are hereby amended and reenacted to
26read as follows:
27 §145. Use of public buildings; discrimination
28 No person shall be denied access to any public meeting in any public building
29 or facility used or owned by the state or any political subdivision of the state because
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1 of race, color, creed, or physical or mental disability, or vaccination status or
2 immunity status, as those terms are defined in R.S. 51:2232. For purposes of this
3 Section, a public meeting is a meeting which is advertised as being open to the
4 general public.
5 §146. Facilities to which public invited; discrimination
6 A.(1) In access to public areas, public accommodations, and public facilities,
7 every person shall be free from discrimination based on race, religion, or national
8 ancestry and from arbitrary, capricious, or unreasonable discrimination based on age,
9 sex, or physical or mental disability, or vaccination status or immunity status, as
10 those terms are defined in R.S. 51:2232.
11 * * *
12 §673. Discrimination prohibited
13 Unless existing federal guidelines and requirements of a federal block grant
14 provide for such, any executive agencies which receive federal block grant funds
15 shall prepare a plan for the expenditure of the funds which prohibits discrimination
16 on the basis of race, sex, religion, and age, and vaccination status or immunity status,
17 as those terms are defined in R.S. 51:2232, and ensures respect for the civil rights of
18 program recipients. They shall present such plan, prior to implementation, at public
19 hearings to be held at a location in each of the public service commission districts
20 of the state and shall adopt such plan in accordance with the provisions of Chapter
21 13 of Title 49 of the Louisiana Revised Statutes of 1950.
22 Section 12. R.S. 51:2231(A), 2232(5), 2235(16)(a), 2236(A), 2237(2), 2247, 2248,
232254(1) and (2), 2255(A)(introductory paragraph), and 2608 are hereby amended and
24reenacted and R.S. 51:2232(11) and (12) and 2603(13) and (14) are hereby enacted to read
25as follows:
26 §2231. Statement of purpose; limitation on prohibitions against discrimination
27 because of age
28 A. It is the purpose and intent of the legislature by this enactment to provide
29 for execution within Louisiana of the policies embodied in the Federal Civil Rights
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1 Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of
2 1967, as amended; and to assure that Louisiana has appropriate legislation
3 prohibiting discrimination in public accommodations sufficient to justify the deferral
4 of cases by the federal Equal Employment Opportunity Commission, the secretary
5 of the Louisiana Workforce Commission, and the Department of Justice under those
6 statutes; to safeguard all individuals within the state from discrimination because of
7 race, creed, color, religion, sex, age, disability, or national origin, vaccination status,
8 or immunity status in connection with employment and in connection with public
9 accommodations; to protect their interest in personal dignity and freedom from
10 humiliation; to make available to the state their full productive capacities in
11 employment; to secure the state against domestic strife and unrest which would
12 menace its democratic institutions; to preserve the public safety, health, and general
13 welfare; and to further the interest, rights, and privileges within the state.
14 * * *
15 §2232. Definitions
16 As used in this Chapter:
17 * * *
18 (5) "Discriminatory practice in connection with public accommodations"
19 means any direct or indirect act or practice of exclusion, distinction, restriction,
20 segregation, limitation, refusal, denial, or any other act or practice of differentiation
21 or preference in the treatment of a person or persons because of race, creed, color,
22 religion, sex, age, disability, or national origin, vaccination status, or immunity
23 status.
24 * * *
25 (11) "Immunity status" means whether or not a person has immunity to an
26 infection or disease.
27 (12) "Vaccination status" means a person's status with respect to having been
28 vaccinated.
29 * * *
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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, or national origin, vaccination status, or immunity
13 status.
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, or age,
19 vaccination status, or immunity status, and to prescribe penalties for violations
20 thereof, such penalties being in addition to the remedial orders and enforcement
21 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, or age,
3 vaccination status, or immunity status.
4 * * *
5 §2247. Public accommodations, resorts, amusements; discriminatory practices
6 prohibited
7 Except as otherwise provided in this Chapter, it is a discriminatory practice
8 for a person to deny an individual the full and equal enjoyment of the goods,
9 services, facilities, privileges, advantages, and accommodations of a place of public
10 accommodation, resort, or amusement, as defined in this Chapter, on the grounds of
11 race, creed, color, religion, sex, age, disability, as defined in R.S. 51:2232, or
12 national origin, vaccination status, or immunity status.
13 * * *
14 §2248. Advertisement of accommodations, goods, services
15 It shall be an unlawful practice for a person, directly or indirectly, to publish,
16 circulate, issue, display, mail, or cause to be published, circulated, issued, displayed,
17 or mailed, a written, printed, oral, or visual communication, notice, or advertisement
18 which indicates that the goods, services, facilities, privileges, advantages, and
19 accommodations of a place of public accommodation, resort, or amusement shall be
20 refused, withheld from, or denied an individual on account of his race, color,
21 religion, disability, as defined in R.S. 51:2232, or national origin, vaccination status,
22 or immunity status or that the patronage of or presence at a place of public
23 accommodations, resort, or amusement of an individual on account of his race, color,
24 religion, disability, as defined in R.S. 51:2232, or national origin, vaccination status,
25 or immunity status is objectionable, unwelcome, unacceptable, or undesirable.
26 §2254. Unlawful financial practices
27 It shall be an unlawful practice for a financial institution or an individual
28 employed by or acting on behalf of a financial institution:
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1 (1) To discriminate against an individual because of the race, creed, color,
2 religion, national origin, sex, disability, as defined in R.S. 51:2232, or age,
3 vaccination status, or immunity status of the individual or the present or prospective
4 owner, tenant, or occupant of the immovable property or of a member, stockholder,
5 director, officer, employee, or representative of any of these, in the granting,
6 withholding, extending, modifying, or renewing of rates, terms, conditions,
7 privileges, or other provisions of financial assistance or in the extension of services
8 in connection therewith.
9 (2) To use a form of application for financial assistance or to make or keep
10 a record or inquiry in connection with applications for financial assistance which
11 indicates directly or indirectly a limitation, specification, or discrimination, as to
12 race, creed, color, religion, disability, as defined in R.S. 51:2232, or national origin,
13 vaccination status, or immunity status or an intent to make such a limitation,
14 specification, or discrimination.
15 * * *
16 §2255. Unlawful practices in connection with credit transactions; exceptions
17 A. It shall be an unlawful practice for any person, whether acting for himself
18 or another, in connection with any credit transaction because of race, creed, color,
19 religion, national origin, disability, as defined in R.S. 51:2232, or sex, vaccination
20 status, or immunity status:
21 * * *
22 §2603. Definitions
23 As used in this Chapter:
24 * * *
25 (13) "Immunity status" shall have the same meaning as provided in R.S.
26 51:2232.
27 (14) "Vaccination status" shall have the same meaning as provided in R.S.
28 51:2232.
29 * * *
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1 §2608. Discrimination in provision of brokerage services
2 It is unlawful to deny any person access to or membership or participation in
3 any multiple-listing service, real estate brokers' organization or other service,
4 organization, or facility relating to the business of selling or renting dwellings, or to
5 discriminate against him in the terms or conditions of such access, membership, or
6 participation, on account of race, color, religion, sex, disability, familial status, or
7 national origin, vaccination status, or immunity status.
8 Section 13. The Louisiana State Law Institute is hereby authorized and directed to
9arrange in alphabetical order and renumber the definitions provided in R.S. 23:302, R.S.
1040:2102, and R.S. 51:2232 and 2603.
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 253 Engrossed 2022 Regular Session Edmonston
Abstract: Prohibits discrimination on the grounds of a person's immunity status or
vaccination status in all contexts in which discrimination is prohibited in present law.
Present law (R.S. 9:3583) provides that it shall be unlawful for any extender of credit to
refuse to extend credit to any major or emancipated minor solely because of that person's
race, color, religion, national origin, sex, or marital status.
Present law (R.S. 17:7) provides that the award criteria established by the State Board of
Elementary and Secondary Education (BESE) for an annual math, science, and speech and
debate competition financial assistance awards program for eligible teams and individuals
from public and board-approved nonpublic secondary schools representing the state of La.
at regional or national competitions shall not discriminate against any student on the basis
of race, sex, religious belief, or school attendance at an approved nonpublic school.
Present law (R.S. 17:46 and 1187) provides that a waiver of provisions related to the
granting of sabbatical leave shall not favor or discriminate against any employee or applicant
because of his job description, age, race, or sex.
Present law (R.S. 17:100.5) provides that students selected for enrollment in alternative
schools from an eligibility list shall be selected from volunteers, provided that there shall be
no racial, sexual, or ethnic discrimination in either the compilation of the eligibility list or
in the operation of the school.
Present law (R.S. 17:111) provides that no person shall be refused admission into or be
excluded from any public school in this state on account of race, creed, color, disability, or
national origin.
Present law (R.S. 17:158) provides that each city, parish, and other local public school board
shall provide free transportation for any student attending a school of suitable grade
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approved by BESE within the jurisdictional boundaries of the local board if the student
resides more than one mile from such school. Such provision shall not apply to any student
or the parent or tutor of any student who attends a school which discriminates on the basis
of race, creed, color, or national origin.
Present law (R.S. 17:407.40) requires BESE to promulgate regulations for early learning
center licensing which shall prohibit discrimination on the basis of race, color, creed, sex,
national origin, handicap, ancestry, or whether the child is being breastfed.
Present law (R.S. 22:1063) provides a group health plan, and a health insurance issuer
offering group health insurance coverage in connection with a group health plan, may not
establish rules for eligibility of any individual to enroll under the terms of the plan based on
various health status-related factors in relation to the individual or a dependent of the
individual.
Present law (R.S. 22:1128) requires the commissioner of insurance to ensure that essential
health benefit coverage decisions, determination of reimbursement rates, establishment of
incentive programs, and designation of benefits are effected in ways that do not discriminate
against individuals because of age, disability, or life expectancy.
Present law (R.S. 22:1206) prohibits risk rates of the La. Health Plan from discriminating
between covered individuals on the basis of health-related factors.
Present law (R.S. 22:1452 and 1454) prohibits insurance rates for property and casualty
insurance to be classified on the basis of race, color, creed, or national origin.
Present law (R.S. 23:332) prohibits intentional discrimination in employment on the basis
of an individual's race, color, religion, sex, or national origin.
Present law (R.S. 37:1025) prohibits discrimination in selection of medication attendants to
participate in drug administration courses established by the La. Dept. of Health for reason
of race, color, creed, religion, disability, or national origin.
Present law (R.S. 37:1360.23) requires the La. State Board of Medical Examiners to ensure
that applicants for the program for the education and training of physician assistants shall
not be discriminated against due to race, color, creed, age, sex, disability, or national origin.
Present law (R.S. 37:1360.82) prohibits direct primary care practices from declining to
accept any person solely on account of race, religion, national origin, the presence of any
sensory, mental, or physical disability, education, or economic status.
Present law (R.S. 37:2719) provides that no license, certificate, or registration shall be
denied any applicant to the La. State Board of Social Work Examiners based upon the
applicant's race, religion, creed, national origin, sex, or physical impairment so long as the
physical impairment does not interfere with the performance of professional duties.
Present law (R.S. 38:2315) provides that the selection of persons for professional services
in public contracts shall not discriminate against any person because of race, religion,
national ancestry, age, sex, or physical condition.
Present law (R.S. 39:1411) provides that no person in this state shall, on the ground of race,
color, religion, or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving state financial
assistance.
Present law (R.S. 40:1133.1) provides that the La. Dept. of Health, bureau of emergency
medical services shall affirmatively provide that there is no discrimination toward any
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individual in the licensure process for emergency medical personnel on the basis of race,
religion, creed, national origin, sex, or age.
Present law (R.S. 40:2113.4) provides that any general hospital licensed by the La. Dept. of
Health, which is owned or operated, or both, by a hospital service district, which benefits
from being financed by the sale of bonds that are exempt from taxation as provided by La.
law, or which receives any other type of financial assistance from the state and which offers
emergency room services to the public and is actually offering such services at the time,
shall provide emergency services free from unreasonable discrimination based on age, sex,
or physical condition and economic status.
Present law (R.S. 40:2113.6) provides that a person needing emergency services shall not
be subjected by an officer, employee, or member of the medical staff of a hospital licensed
by the La. Dept. of Health to arbitrary, capricious, or unreasonable discrimination based on
age, sex, physical condition, or economic status.
Present law (R.S. 40:2120.35) requires the La. Dept. of Health to promulgate minimum
standards for adult brain injury facilities that prohibit discrimination by brain injury facilities
on the basis of race, color, creed, sex, disability, national origin, or ancestry.
Present law (R.S. 40:2125) provides that assistance to exceptional children funded by the La.
Dept. of Health shall not be provided where an institution or provider discriminates against
those seeking services on the basis of race, color, creed, disability, or national origin.
Present law (R.S. 46:437.11) requires medical assistance programs that receive payments
from the La. Dept. of Health to agree that no person shall be subjected to discrimination
under the medical assistance program because of race, creed, ethic origin, sex, age or
physical condition.
Present law (R.S. 46:1104, 1134, and 1154) requires the board of commissioners of each
parish hospital or hospital service district to provide an affirmative action program for the
selection of recipients of medical, nursing, and allied health professionals scholarships which
shall include that no discrimination occur on the basis of race, creed, sex, age, or ethnic
origin.
Present law (R.S. 46:1407) prohibits discrimination by child-placing agencies, maternity
homes, or residential homes providing full-time care to four or more children on the basis
of race, color, sex, national origin, disability, ancestry, or whether the child is being
breastfed.
Present law (R.S. 46:1995) provides that no citizen of La. shall on the ground of sex, age,
race, color, religion, or national origin be excluded from participating in, or be denied the
benefits of, or be subject to discrimination under any activity or multipurpose service
program for displaced homemakers funded by the state.
Present law (R.S. 47:37 and 287.755) provides an income tax credit for donations,
contributions, or sales below cost of tangible movable property made to educational
institutions in this state. Further provides the credit shall not be allowed if the taxpayer
arbitrarily, capriciously, or unreasonably discriminates against any person because of race,
religion, ideas, beliefs, or affiliations.
Present law (R.S. 49:145) provides that no person shall be denied access to any public
meeting in any public building or facility owned by the state because of race, color, creed,
or physical or mental disability.
Present law (R.S. 49:146) provides that in access to public areas, public accommodations,
and public facilities, every person shall be free from unreasonable discrimination based on
age, sex, or physical or mental disability.
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Present law (R.S. 49:673) provides that executive agencies that receive federal block grant
funds shall prepare a plan for the expenditure of the funds which prohibits discrimination
on the basis of race, sex, religion, and age and ensures respect for the civil rights of program
recipients.
Present law (R.S. 51:2231, et seq.) establishes the La. Commission on Human Rights ("the
commission") to assure that La. has appropriate legislation prohibiting discrimination in
public accommodations sufficient to safeguard all individuals within the state from
discrimination because of race, creed, color, religion, sex, age, disability, or national origin
in connection with employment and in connection with public accommodations.
Present law (R.S. 51:2232) defines "discriminatory practice in connection with public
accommodations" as any direct or indirect act or practice of exclusion, distinction,
restriction, segregation, limitation, refusal, denial, or any other act or practice of
differentiation or preference in the treatment of a person or persons because of race, creed,
color, religion, sex, age, disability, or national origin.
Present law (R.S. 51:2235) authorizes the commission to create advisory committees to
study and report on problems of discrimination because of race, creed, color, religion, sex,
age, disability, or national origin.
Present law (R.S. 51:2236) authorizes parishes and municipalities to adopt and enforce
ordinances, orders, and resolutions prohibiting all forms of discrimination, including
discrimination on the basis of race, creed, color, religion, national origin, sex, disability, or
age and to prescribe penalties for violations thereof.
Present law (R.S. 51:2237) authorizes parishes and municipalities to create local human
rights commissions to safeguard all individuals within its jurisdiction from discrimination
because of race, creed, color, religion, national origin, sex, disability, or age.
Present law (R.S. 51:2247) provides it is a discriminatory practice for a person to deny an
individual the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, and accommodations of a place of public accommodation, resort, or amusement
on the grounds of race, creed, color, religion, sex, age, disability, or national origin.
Present law (R.S. 51:2248) makes it unlawful to advertise that goods, services, facilities,
privileges, advantages, or accommodations of a place of public accommodation, resort, or
amusement shall be refused, withheld from, or denied an individual on account of his race,
color, religion, disability, or national origin, or that the patronage of or presence of an
individual is objectionable, unwelcome, unacceptable, or undesirable on those same grounds.
Present law (R.S. 51:2254) prohibits financial institutions from discriminating against an
individual because of their race, creed, color, religion, national origin, sex, disability, or age
in the granting, withholding, extending, modifying, or renewing of rates, terms, conditions,
privileges, or other provisions of financial assistance.
Present law prohibits financial institutions from using a form of application for financial
assistance which indicates a limitation, specification, or discrimination as to race, creed,
color, religion, disability, or national origin.
Present law (R.S. 51:2255) makes it unlawful for any person to take certain actions in
respect to credit transactions because of a person's race, creed, color, religion, national
origin, disability, or sex.
Present law (R.S. 51:2608) prohibits discrimination in the provision of real estate brokerage
services on the basis of race, color, religion, sex, familial status, or national origin.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-80 ENGROSSED
HB NO. 253
Proposed law further prohibits or otherwise provides for discrimination in each context
provided by present law on the basis of a person's vaccination status or immunity status.
Proposed law defines "vaccination status" as a person's status with respect to having been
vaccinated.
Proposed law defines "immunity status" as whether or not a person has immunity to an
infection or disease.
(Amends R.S. 9:3583, R.S. 17:7(20)(b)(ix), 46(Q), 100.5(C)(2), 111(A), 158(F),
407.40(A)(5), and 1187(B), R.S. 22:1128(D)(2), 1206(7)(a)(i) and (ii), 1452(C)(25), and
1454(A), R.S. 23:332, R.S. 37:1025(B), 1360.23(H), 1360.82, and 2719, R.S. 38:2315, R.S.
39:1411, R.S. 40:1133.1(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5), and 2125(B),
R.S. 46:437.11(A), 1104, 1134, 1154, 1407(F), and 1995, R.S. 47:37(C) and 287.755(C),
R.S. 49:145, 146(A)(1), and 673, and R.S. 51:2231(A), 2232(5), 2235(16)(a), 2236(A),
2237(2), 2247, 2248, 2254(1) and (2), 2255(A)(intro. para.), and 2608; Adds R.S.
22:1063(A)(1)(i), R.S. 23:302(9) and (10), R.S. 40:2102(5) and (6), and R.S. 51:2232(11)
and (12) and 2603(13) and (14))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Remove provisions regarding discrimination in the sale or rental of housing and
in residential real estate related transactions.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.