Text of LA HB 443 (2008)

HLS 08RS-1137 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2008 HOUSE BILL NO. 443 BY REPRESENTATIVE LAFONTA EMPLOYMENT: Prohibits discrimination in employment due to actual or perceived sexual orientation AN ACT 1 To enact R.S. 23:335, relative to employment discrimination; to provide relative to private 2 employers; to prohibit discrimination due to actual or perceived sexual orientation; 3 and to provide for related matters. 4 Be it enacted by the Legislature of Louisiana: 5 Section 1. R.S. 23:335 is hereby enacted to read as follows: 6 §335. Discrimination based on actual or perceived sexual orientation; prohibited 7 A. It shall be unlawful discrimination in employment for a private employer 8 to subject employees to different standards of treatment or otherwise discriminate in 9 employment or employment opportunities, on the basis of actual or perceived sexual 10 orientation. Employment and employment opportunities shall include the hiring, 11 firing, compensation paid, and other terms or conditions of an individual's 12 employment. 13 B. For purposes of this Section and the enforcement of any rights provided 14 herein, "sexual orientation" means being or perceived as being heterosexual, 15 homosexual, or bisexual or having or being perceived as having a gender-related 16 self-identity, appearance, or behavior whether or not associated with a person's 17 assigned sex at birth. 18 HLS 08RS-1137 ORIGINAL HB NO. 443 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C. The provisions of this Section shall not be construed to require employers 1 to do any of the following: 2 (1) To justify neutral practices that may result in a disparate impact against 3 people of a particular sexual orientation, whether actual or perceived. 4 (2) To adopt quotas or give preferential treatment to an individual on the 5 basis of their actual or perceived sexual orientation. 6 (3) Preclude an employer from adopting and implementing a reasonable dress 7 code, which requires employees to adhere to reasonable workplace appearance, 8 grooming, and dress standards not precluded by other provisions of state or federal 9 law, provided, however, that an employer shall allow any employee to appear and 10 dress consistently with the employee's gender identity. 11 (4) Provide any benefits to the partner of any employee. 12 Section 2. This Act shall become effective upon signature by the governor or, if not 13 signed by the governor, upon expiration of the time for bills to become law without signature 14 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 15 vetoed by the governor and subsequently approved by the legislature, this Act shall become 16 effective on the day following such approval. 17 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)] LaFonta HB No. 443 Abstract: Prohibits private employers from discriminating against an employee or potential employee on the basis of sexual orientation. Proposed law prohibits a private employer from subjecting employees to different standards of treatment or otherwise discriminate in employment or employment opportunities, on the basis of actual or perceived sexual orientation. Provides that employment and employment opportunities include the hiring, firing, compensation paid, and other terms or conditions of an individual's employment. Proposed law is not to be construed to require employers to do any of the following: (1) To justify neutral practices that may result in a disparate impact against people of a particular sexual orientation, whether actual or perceived. HLS 08RS-1137 ORIGINAL HB NO. 443 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) To adopt quotas or give preferential treatment to an individual on the basis of their actual or perceived sexual orientation. (3) To preclude an employer from adopting a reasonable dress code which requires employees to adhere to reasonable workplace appearance, grooming, and dress standards not precluded by other provisions of state or federal law, provided, however, that an employer shall allow any employee to appear and dress consistently with the employee's gender identity. (4) To provide any benefits to the partner of any employee. Effective upon signature of governor or lapse of time for gubernatorial action. (Adds R.S. 23:335)