Text of LA HB 845 (2004)
DISCRIMINATION: Creates the Louisiana Non-Discrimination Act
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As introduced
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Regular Session, 2004
HOUSE BILL NO. 845
BY REPRESENTATIVE K. CARTER
DISCRIMINATION: Creates the Louisiana Non-Discrimination Act
AN ACT
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To amend and reenact R.S. 23:302(4), (5), (6), (7), (8), and (9), 332(A), (B), (C)(1) and (2),
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(D), (E), (F), (H)(3) and (4), and R.S. 51:2231(A), 2232(3), 2235(16)(a), 2237(2),
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2247, 2248, 2254(1) and (2), 2255(A), 2602(A), 2606(A)(1), (2), (3), (4), and (5),
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2607(A) and (C), and 2608, and to enact R.S. 23:302(10), 332(H)(5), R.S.
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51:2232(14) and (15), 2603(13) and (14), relative to discrimination; to provide with
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respect to employment, commerce, and housing; to provide for definitions; to prohibit
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discrimination on the basis of sexual orientation or gender identity; and to provide for
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related matters.
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Be it enacted by the Legislature of Louisiana:
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Section 1. R.S. 23:302(4), (5), (6), (7), (8) and (9), 332(A), (B), (C)(1) and (2), (D),
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(E), (F), (H)(3), and (4) are hereby amended and reenacted, and R.S. 23:302(10), and
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332(H)(5) are hereby enacted to read as follows:
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§302. Definitions
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For purposes of this Chapter and unless the context clearly indicates
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otherwise, the following terms shall have the following meanings ascribed to them:
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* * *
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(4) "Gender identity" means a person's gender-related identity, appearance,
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or expression, whether or not that identity, appearance or expression is the same from
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that traditionally associated with the person's assigned sex at birth.
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(4)(5) "Genetic monitoring" means the periodic examination of employees to
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evaluate acquired modifications to their genetic material, such as chromosomal
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damage or evidence of increased occurrence of mutations, that may have developed
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in the course of employment due to exposure to toxic substances in the workplace,
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in order to identify, evaluate, respond to the effects of, or control adverse
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environmental exposures in the workplace.
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(5)(6) "Genetic services" means health services, including genetic tests,
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provided to obtain, assess, or interpret genetic information for diagnostic or
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therapeutic purposes, or for genetic education or counseling.
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(6)(7) "Genetic test" means the analysis of human DNA, RNA, chromosomes,
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and those proteins and metabolites used to detect heritable or somatic disease-related
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genotypes or karyotypes for clinical purposes. A genetic test must be generally
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accepted in the scientific and medical communities as being specifically determinative
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for the presence, absence, or mutation of a gene or chromosome in order to qualify
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under this definition. Genetic test does not include a routine physical examination or
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a routine analysis, including, but not limited to, a chemical analysis, of body fluids,
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unless conducted specifically to determine the presence, absence, or mutation of a
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gene or chromosome.
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(7)(8) "Labor organization" means any organization which exists for the
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purpose, in whole or in part, of collective bargaining or of dealing with employers
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concerning grievances, terms, or conditions of employment, or for other mutual aid
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or protection in relation to employment or any agent acting for such an organization.
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(8)(9) "Protected genetic information" means information about an
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individual's genetic tests, the genetic tests of an individual's family members, or the
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occurrence of a disease, or medical condition or disorder in family members of the
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individual.
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(10) "Sexual orientation" is limited to being, perceived as being, heterosexual,
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homosexual, or bisexual.
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§332. Intentional discrimination in employment
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A. It shall be unlawful discrimination in employment for an employer to
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engage in any of the following practices:
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(1) Intentionally fail or refuse to hire or to discharge any individual, or
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otherwise to intentionally discriminate against any individual with respect to his
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compensation, or his terms, conditions, or privileges of employment, because of the
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individual's race, color, religion, sexual orientation, gender identity, sex, or national
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origin.
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(2) Intentionally limit, segregate, or classify his employees or applicants for
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employment in any way which would deprive or tend to deprive any individual of
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employment opportunities, or otherwise adversely affect his status as an employee,
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because o f the individual's race, color, religion, religion, sexual orientation, gender
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identity, sex, or national origin.
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B. It shall be unlawful discrimination in employment for an employment
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agency to intentionally fail or refuse to refer for employment, or otherwise to
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intentionally discriminate against, any individual because of his race, color, religion,
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sex, or national origin, or to intentionally classify or refer for employment any
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individual on the basis of his race, color, religion, sexual orientation, gender identity,
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sex, or national origin.
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C. It shall be unlawful discrimination in employment for a labor organization
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to engage in any of the following practices:
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(1) Intentionally exclude or intentionally expel from its membership, or
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otherwise intentionally discriminate against, any individual because of his race, color,
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religion, sexual orientation, gender identity, sex, or national origin.
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(2) Intentionally limit, segregate, or classify its membership or applicants for
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membership, or intentionally classify or fail or refuse to refer for employment any
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individual in any way which would deprive or tend to deprive any individual of
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employment opportunities, or would limit such employment opportunities, or
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otherwise adversely affect his status as an employee or as an applicant for
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employment, because of such individual's race, color, religion, sexual orientation,
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gender identity, sex, or national origin.
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* * *
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D. It shall be unlawful discrimination in employment for any employer, labor
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organization, or joint labor-management committee controlling apprenticeship or
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other training or retraining, including on-the-job training programs, to discriminate
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against any individual because of his race, color, religion, sexual orientation, gender
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identity, sex, or national origin in admission to, or employment in, any program
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established to provide apprenticeship or other training.
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E. It shall be unlawful discrimination in employment for an employer,
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employment agency, labor organization, or joint labor management committee
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controlling apprenticeship or other training or retraining, including on-the-job training
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programs, to print or publish, or cause t o be printed or published, any notice or
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advertisement relating to employment by an employer or membership in or any
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classification or referral for employment by a labor organization, or relating to any
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classification or referral for employment by an employment agency, or relating to
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admission to, or employment in, any program established to provide apprenticeship
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or other training by a joint labor-management committee, indicating any preference,
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limitation, specification, or discrimination based on race, color, religion, sexual
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orientation, gender identity, sex, or national origin. However, a notice or
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advertisement may indicate a preference, limitation, specification, or discrimination
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based on religion, sex, or national origin when religion, sex, or national origin is a
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bona fide occupational qualification for employment.
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F. It shall be unlawful discrimination in employment for an insurer to engage
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in any of the following practices:
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(1) Intentionally fail or refuse to appoint or to discharge any insurance agent,
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or otherwise to intentionally discriminate against any insurance agent with respect to
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his compensation, terms, conditions, or privileges of employment, because of the
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insurance agent's race, color, religion, sexual orientation, gender identity, sex, or
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national origin.
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(2) Intentionally limit, segregate, or classify his insurance agents or applicants
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for an insurance agent in any way which would deprive or tend to deprive any
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insurance agent or applicant of employment opportunities, or otherwise adversely
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affect his status as an insurance agent or applicant because of the insurance agent's or
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applicant's race, color, religion, sexual orientation, gender identity, sex, or national
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origin.
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* * *
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H. Notwithstanding any other provision of this Section, it shall not be
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unlawful discrimination in employment for:
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* * *
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(3) An employer to apply different standards of compensation or different
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terms, conditions, or privileges of employment pursuant to a bona fide seniority or
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merit system, or a system which measures earnings by quantity or quality of
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production, or to employees who work in different locations, provided that such
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differences are not the result of an intention to discriminate because of race, color,
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religion, sexual orientation, gender identity, sex, or national origin.
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(4) An employer to give and to act upon the results of any professionally
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developed ability test, provided that such test, its administration, or action upon the
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results is not designed, intended, or used to discriminate because of race, color,
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religion, sexual orientation, gender identity, sex, or national origin.
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(5) An employer to require employees to adhere to reasonable workplace
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appearance, grooming, and dress standards not precluded by other provisions of state
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or federal law, provided that an employer must allow an employee to appear and dress
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consistently with the employee's gender identity.
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Section 2. R.S. 51:2231(A), 2232(3), 2235(16)(a), 2237(2), 2247, 2248, 2254(1)
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and (2), 2255(A), 2602(A), 2606(A)(1), (2), (3), (4) and (5), 2607 (A) and (C) and 2608 are
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hereby amended and reenacted, and R.S. 51:2232(14) and (15), 2603 (13) and (14) are
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hereby enacted to read as follows:
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§2231. Statement of purpose; limitation on prohibitions against discrimination
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because of age
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A. It is the purpose and intent of the legislature by this enactment to provide
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for execution within Louisiana of the policies embodied in the Federal Civil Rights
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Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of 1967,
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as amended; and to assure that Louisiana has appropriate legislation prohibiting
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discrimination in public accommodations sufficient to justify the deferral of cases by
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the federal Equal Employment Opportunity Commission, the secretary of labor, and
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the Department of Justice under those statutes; to safeguard all individuals within the
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state from discrimination because of race, creed, color, religion, sexual orientation,
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gender identity, sex, age, disability, or national origin in connection with employment
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and in connection with public accommodations; to protect their interest in personal
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dignity and freedom from humiliation; to make available to the state their full
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productive capacities in employment; to secure the state against domestic strife and
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unrest which would menace its democratic institutions; to preserve the public safety,
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health, and general welfare; and to further the interest, rights, and privileges within
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the state.
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* * *
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§2232. Definitions
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As used in this Chapter:
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* * *
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(3) "Discriminatory practice in connection with public accommodations"
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means any direct or indirect act or practice of exclusion, distinction, restriction,
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segregation, limitation, refusal, denial, or any other act or practice of differentiation
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or preference in the treatment of a person or persons because of race, creed, color,
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religion, sexual orientation, gender identity, sex, age, disability, or national origin.
* * *
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(14) "Sexual Orientation" is limited to being, or perceived as being,
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heterosexual, homosexual, or bisexual.
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(15) "Gender Identity" means a person's gender-related identity, appearance,
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or expression, whether or not that identity, appearance, or expression is the same
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from that traditionally associated with the person's assigned sex at birth.
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* * *
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§2235. Powers and duties of commission
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In the enforcement of this Chapter, the commission shall have the following
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powers and duties:
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* * *
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(16) To create local or statewide advisory committees that in its judgment
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will aid in effectuating the purposes of this Chapter. Members of such committees
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shall serve without pay but shall be reimbursed for expenses incurred in such service.
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The commission may make provision for technical and clerical assistance to the
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committees. The commission may empower these committees:
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(a) To study and report on problems of discrimination because of race, creed,
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color, religion, sexual orientation, gender identity, sex, age, disability, or national
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origin.
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* * *
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§2237. Local human rights commissions
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Any parish or municipality, or one or more parishes and municipalities acting
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jointly, may create a human rights commission, hereinafter referred to as a "local
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commission":
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* * *
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(2) To safeguard all individuals within its jurisdiction from discrimination
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because of race, creed, color, religion, national origin, sexual orientation, gender
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identity, sex, disability, or age.
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* * *
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§2247. Public accommodations, resorts, amusements; discriminatory practices
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prohibited
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Except as otherwise provided in this Chapter, it is a discriminatory practice
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for a person to deny an individual the full and equal enjoyment of the goods, services,
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facilities, privileges, advantages, and accommodations of a place of public
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accommodation, resort, or amusement, as defined in this Chapter, on the grounds of
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race, creed, color, religion, sexual orientation, gender identity, sex, age, disability, as
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defined in R.S. 51:2232(11), or national origin.
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§2248. Advertisement of accommodations, goods, services
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It shall be an unlawful practice for a person, directly or indirectly, to publish,
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circulate, issue, display, mail, or cause to be published, circulated, issued, displayed,
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or mailed, a written, printed, oral, or visual communication, notice, or advertisement
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which indicates that the goods, services, facilities, privileges, advantages, and
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accommodations of a place of public accommodation, resort, or amusement shall be
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refused, withheld from, or denied an individual on account of his race, color, religion,
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sexual orientation, gender identity, disability, as defined in R.S. 51:2232(11), or
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national origin, or that the patronage of or presence at a place of public
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accommodations, resort, or amusement of an individual on account of his race, color,
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sexual orientation, gender identity, religion, disability, as defined in R.S. 51:2232(11),
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or national origin is objectionable, unwelcome, unacceptable, or undesirable.
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* * *
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§2254. Unlawful financial practices
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It shall be an unlawful pract ice for a financial institution or an individual
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employed by or acting on behalf of a financial institution:
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(1) To discriminate against an individual because of the race, creed, color,
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religion, national origin, sexual orientation, gender identity, sex, disability, as defined
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in R.S. 51:2232(11), o r age of the individual or the present or prospective owner,
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tenant, or occupant of the immovable property or of a member, stockholder, director,
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officer, employee, or representative of any of these, in the granting, withholding,
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extending, modifying, or renewing of rates, terms, conditions, privileges, or other
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provisions of financial assistance or in the extension of services in connection
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therewith.
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(2) To use a form of application for financial assistance or to make or keep
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a record or inquiry in connection with applications for financial assistance which
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indicates directly or indirectly a limitation, specification, or discrimination, as to race,
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creed, color, religion, sexual orientation, gender identity, disability, as defined in R.S.
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51:2232(11), or national origin, or an intent to make such a limitation, specification,
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or discrimination.
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* * *
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§2255. Unlawful practices in connection with credit transactions; exceptions
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A. It shall be an unlawful practice for any person, whether acting for himself
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or another, in connection with any credit transaction because of race, creed, color,
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religion, national origin, disability, as defined in R.S. 51:2232(11), sexual orientation,
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gender identity, or sex:
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* * *
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§2602. Policy
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A. The legislature finds and declares that persons in this state who seek a
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place to live should be able to find such housing whenever it is available. Further, in
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many localities there may be housing shortages. All persons should therefore be able
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to compete for available housing on an open, fair, and equitable basis, regardless of
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race, color, religion, sexual orientation, gender identity, sex, handicap, familial status,
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or national origin.
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* * *
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§2603. Definitions
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As used in this Chapter:
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* * *
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(13) "Sexual Orientation" is limited to being, or being perceived as being
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heterosexual, homosexual, or bisexual.
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(14) "Gender Identity" means a person's gender-related identity, appearance,
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or expression, whether or not that identity, appearance or expression is the same from
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that traditionally associated with the person's assigned sex at birth.
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* * *
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§2606. Discrimination in sale or rental of housing and other prohibited practices
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A. As made applicable by R.S. 51:2604, and except as exempted by
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Subsection B thereof and R.S. 51:2605, it is unlawful:
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(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse
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to negotiate for the sale or rental of, or otherwise make unavailable or deny, a
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dwelling to any person because of race, color, religion, sexual orientation, gender
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identity, sex, familial status, or national origin.
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(2) To discriminate against any person in the terms, conditions, or privileges
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of sale or rental of a dwelling, or in the provision of services or facilities in
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connection therewith, because of race, color, religion, sexual orientation, gender
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identity, sex, familial status, or national origin.
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(3) To make, print, or publish, or cause to be made, printed, or published any
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notice, statement, or advertisement, with respect to the sale or rental of a dwelling
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that indicates any preference, limitation, or discrimination based on race, color,
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religion, sexual orientation, gender identity, sex, handicap, familial status, or national
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origin, or an intention to make any such preference, limitation, or discrimination.
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(4) To represent to any person because of race, color, religion, sexual
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orientation, gender identity, sex, handicap, familial status, or national origin that any
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dwelling is not available for inspection, sale, or rental when such dwelling is in fact
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so available.
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(5) For profit, to induce or attempt to induce any person to sell or rent any
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dwelling by representations regarding the entry or prospective entry into the
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neighborhood of a person or persons of a particular race, color, religion, sexual
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orientation, gender identity, sex, handicap, familial status, or national origin.
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* * *
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§2607. Discrimination in residential real estate related transactions
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A. It is unlawful for any person or other entity whose business includes
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engaging in residential real estate related transactions to discriminate against any
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person in making available such a transaction, or in the terms or conditions of such
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a transaction, because of race, color, religion, sexual orientation, gender identity, sex,
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handicap, familial status, or national origin.
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* * *
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C. Nothing in this Chapter prohibits a person engaged in the business of
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furnishing appraisals of real property to take into consideration factors other than
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race, color, religion, national origin, sexual orientation, gender identity, sex,
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handicap, or familial status.
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§2608. Discrimination in provision of brokerage services
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It is unlawful to deny any person access to or membership or participation in
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any multiple-listing service, real estate brokers' organization or other service,
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organization, or facility relating to the business of selling or renting dwellings, or to
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discriminate against him in the terms or conditions of such access, membership, or
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participation, on account of race, color, religion, sexual orientation, gender identity,
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sex, handicap, familial status, or national origin.
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument.
K. Carter
HB No. 845
Abstract: Prohibits discrimination on the basis of sexual orientation or gender identity.
Present law provides for definitions.
Proposed law retains present law and defines "sexual orientation" and "gender identity".
Present law provides that it is unlawful to discriminate against anyone with respect to his
money, terms, or privileges of employment because of the person's race, color, religion, sex
or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
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are additions.
Present law provides that it is unlawful to deny someone employment because of his race,
color, religion, sex or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful for an employment agency to deny to refer
employment opportunities because of race, color, religion, sex or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful for a labor organization to discriminate from its
membership or deny an individual of employment opportunities because of his race, color,
religion, sex or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful for a committee, employer or organization controlling
apprenticeship or training program to discriminate because of race, color, religion, sex or
national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful to publish, print or advertise for employment
indicating any preference based on race, color, religion, sex or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that an employer may set different standards to pay employee pursuant
to a legitimate seniority or merit system provided it's not used to discriminate because of race,
color, religion, sex or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that an employer may develop tests, provided it is not intended to
discriminate because of race, color, sex or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Proposed law provides that an employer may require employees to follow to a reasonable
dress code appearance, provided the employee be allowed to dress consistently with the
employee's gender identity.
Present law provides that Louisiana has legislation prohibiting discrimination in public
accommodations because of race, creed, color, religion, sex, age, disability or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides authorities and responsibilities for the Louisiana Commission on Human
Rights and authorize a committee to study and report on problems of discrimination because
of race, creed, religion, sex, age, disability or national origin.
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Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that any parish or municipality may create a human rights commission
to safe guard its community from discrimination because of race, creed, color, religion,
national origin, sex, disability or age.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful to deny a person full enjoyment of goods and services,
facilities, privileges, advantages and accommodations of public places because of race, creed,
color, religion, sex, age, disability or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful to publish, circulate, issue or advertise refusal of
public accommodations, resorts or amusements because of race, color, religion, disability or
national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful for a financial institution to discriminate with the use
of an application or when providing financial assistance because of race, creed, color, religion,
national origin, sex, disability or age.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful to discriminate with any credit transaction because of
race, creed, religion, national origin, disability or sex.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides for a policy that all persons in the state shall be able to compete for
housing on an open, fair and equitable bases, regardless of race, color, religion, sex, handicap,
familial status or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful to discriminate in the sale or rental of housing,
because of race, color, religion, sex, familial status, or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful to discriminate in the terms, conditions or privileges
of sale or rental of housing because of race, color, religion, sex, familial status, or national
origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
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Present law provides that it is unlawful to print, publish, advertise, sale or rental that indicates
preference or discrimination based on race, color, religion, sex, familial status, or national
origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful for a person or enti ty who transact real estate to
discriminate because of race, color, religion, sex, familial status, or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
Present law provides that it is unlawful to deny membership or participation in a real estate
organization or service because of race, color, religion, sex, familial status, or national origin.
Proposed law retains present law and adds sexual orientation and gender identity to the
category of persons subject to exclusion and ejection.
(Amends R.S. 23:302(4), (5), (6), (7), and (8), 332(A), (B), (C)(1), and (2), (D), (E), (F), and
(H)(3) and (4) and R.S. 51:2231(A), 2232(3), 2235(16)(a), 2237(2), 2247, 2248, 2254(1)
and (2), 2255(A), 2602(A), 2606(A)(1), (2), (3), (4) and (5), 2607 (A) and (C) and 2608;
Adds R.S. 23:302(10), 332(H)(5) and R.S. 51:2232(14) and (15), 2603 (13) and (14))