Louisiana 2013 Regular Session

Louisiana House Bill HB402

Introduced
4/8/13  

Caption

Provides relative to employment discrimination (OR SEE FISC NOTE GF EX)

Impact

The enactment of HB 402 would significantly alter the landscape of employment discrimination litigation in Louisiana. Currently, individuals can file suits based on broader definitions of workplace discrimination, but this bill would restrict the types of claims permissible in court. By doing so, the bill seeks to reduce the number of frivolous lawsuits that employers face, potentially leading to a more efficient legal environment. However, this could also limit the ability of some individuals to seek redress for legitimate grievances that do not fall under the specified categories of discrimination.

Summary

House Bill 402 aims to refine the framework surrounding employment discrimination claims within Louisiana. Specifically, it clarifies that any actions filed against an employer for discriminatory practices not explicitly outlined in current state laws will be dismissed as frivolous. This includes a range of forms of discrimination such as those based on age, disability, race, color, religion, sex, national origin, pregnancy, and related medical conditions. By emphasizing existing legal categories of discrimination, the bill aims to curtail claims that fall outside these definitions, streamlining the judicial process for employment cases.

Sentiment

The sentiment surrounding HB 402 appears to be quite mixed. Supporters argue that the bill is essential for reducing frivolous claims that burden the court system and provide clarity on what constitutes discrimination in the workplace. This aligns with a general sentiment of protecting businesses from unwarranted legal challenges. Conversely, critics worry that the bill may obstruct valid claims from employees who face discrimination falling outside the essential categories defined by this legislation, arguably weakening protections for workers and complicating their ability to seek justice.

Contention

A notable contention surrounding HB 402 is whether it effectively balances the need for clear legal guidelines on employment discrimination against the potential risks of limiting individuals' access to justice. Detractors of the bill fear that it could protect employers at the expense of employees' rights, arguing that discrimination in various forms can manifest in ways not captured by the enumerated categories. This raises essential questions about the nature of workplace protections and who they are designed to serve, reflecting broader societal debates about discrimination rights and employer responsibilities.

Companion Bills

No companion bills found.

Previously Filed As

LA HB85

Prohibits discrimination in state employment based on sexual identification

LA SB412

Provides with respect to employment discrimination. (8/1/14) (EN SEE FISC NOTE See Note)

LA HB691

Prohibits discrimination in state employment based upon sexual orientation

LA HB637

Provides with respect to employment discrimination and human rights (EG1 NO IMPACT GF EX See Note)

LA HB480

Provides relative to employment discrimination and creates the Fair Chance Hiring Act (OR SEE FISC NOTE LF RV)

LA SB219

Provides for equal pay regardless of sex and prohibits discrimination based upon sex. (8/1/15) (RE SEE FISC NOTE See Note)

LA SB164

Provides relative to discrimination. (8/1/14) (OR NO IMPACT See Note)

LA HB1367

Updates To Employment Discrimination Laws

LA S3759

Concerns discrimination in housing and employment, including source of lawful income and age discrimination.

LA SB352

Provides for the Louisiana False Claims Act. (8/1/16) (OR SEE FISC NOTE SD EX See Note)

Similar Bills

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CA AB2239

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NJ AR49

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CA AB831

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CA AB518

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CA SB16

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CA AB2389

Discrimination: state employees: travel.

CA AB2925

Postsecondary education: Equity in Higher Education Act: prohibition on discrimination: training.