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 439 Original 2022 Regular Session Boyd
Abstract: Prohibits intentional employment discrimination based on gender identity and sexual
orientation.
Present law provides definitions for employee, employer, employment agency, genetic monitoring,
genetic services, genetic test, labor organization, and protected genetic information.
Proposed law retains present law and adds definitions for gender identity and sexual orientation.
Present law provides that it shall be unlawful for an employer to discriminate against any individual
based on race, color, religion, sex, or national origin.
Proposed law retains present law and adds that it is unlawful for an employer to also discriminate
against any individual based on sexual orientation and gender identity.
Present law provides that it shall not be unlawful for an employer to discriminate against any
individual based on religion, sex, or national origin in certain instances where religion, sex, or
national origin is a bona fide occupational qualification that is reasonably necessary for that
particular business or enterprise.
Proposed law retains present law and adds that it is not unlawful under those circumstances for an
employer to discriminate against any individual based on sexual orientation and gender identity.
Proposed law provides that no provision of present law or proposed law regarding intentional
discrimination in employment shall be interpreted to infringe upon the freedom of expression,
association, or the free exercise of religion.
Proposed law exempts religious corporations, associations, educational institutions or in situations
of learning or society that employs an individual of a particular religion to perform work connected
to a religious activity.
(Amends R.S. 23:302(intro. para.) and 332(A)(1) and (2), (B), (C)(1) and (2), (D), (E), (F), and
(H)(1), (3), and (4); Adds R.S. 23:302(9) and (10) and 332(I) and (J))