Text of LA HB 571 (2005)

HLS 05RS-1216 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2005 HOUSE BILL NO. 571 BY REPRESENTATIVE SHEPHERD Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. EMPLOYMENT: Prohibits employment discrimination due to actual or perceived sexual orientation AN ACT 1 To enact R.S. 23:335, relative to employment discrimination; to prohibit discrimination due 2 to actual or perceived sexual orientation; to provide for exceptions; and to provide 3 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 an employer, 8 including any governmental entity or agency, to subject employees to different 9 standards of treatment or otherwise discriminate in employment or employment 10 opportunities, on the basis of actual or perceived sexual orientation. Employment and 11 employment opportunities shall include the hiring, firing, compensation paid, and 12 other terms or conditions of an individual's 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 C. This Section shall not apply to any private business having nineteen or 19 fewer full-time employees or any religious organization. 20 HLS 05RS-1216 ORIGINAL HB NO. 571 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. D. 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 E. Nothing in this Section shall be construed to apply to the government of 13 the United States or its military, including the National Guard, nor to repeal or 14 modify any federal, state, or local law creating a special right or preference for 15 veterans of the armed forces. 16 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. Shepherd HB No. 571 Abstract: Prohibits employment discrimination due to actual or perceived sexual orientation. Proposed law prohibits an employer, including any governmental entity or agency, 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 does not apply to any private business having 19 or fewer full-time employees or any religious organization. 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 05RS-1216 ORIGINAL HB NO. 571 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) Provide any benefits to the partner of any employee. Proposed law does not apply to the U.S. government or its military, including the National Guard, nor shall it repeal or modify any federal, state, or local law creating a special right or preference for veterans of the armed forces. (Adds R.S. 22:335)