Text of LA SB 49 (2020)

SLS 20RS-115 ORIGINAL 2020 Regular Session SENATE BILL NO. 49 BY SENATOR CARTER DISCRIMINATION. Enacts the Louisiana Employment Non-Discrimination Act. (8/15/20) 1 AN ACT 2 To amend and reenact R.S. 23:332(A)(1) and (2), (B), (C)(1) and (2), (D), (E), (H)(1), (3) 3 and (4), R.S. 37:1025(B), 1107(C), 1360.23(H), 1437(D), 2719, 3425(C), 3447(C), 4 and R.S. 40:1133.1(C), and to enact R.S. 23:302(9) and (10), 332(I) and (J), relative 5 to employment discrimination; to provide definitions; to provide regarding 6 intentional discrimination in employment; to provide exceptions for certain entities; 7 to provide regarding applicants to certain programs; to provide regarding 8 requirements for certain programs; to provide regarding licensure for certain 9 professions; and to provide for related matters. 10 Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 23:332(A)(1) and (2), (B), (C)(1) and (2), (D), (E), (H)(1), (3) and 12 (4) are hereby amended and reenacted and R.S. 23:302(9) and (10) and 332(I) and (J) are 13 hereby enacted to read as follows: 14 §302. Definitions 15 For purposes of this Chapter and unless the context clearly indicates 16 otherwise, the following terms shall have the following meanings ascribed to them: 17 * * * Page 1 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL 1 (9) "Sexual orientation" means an individual's actual or perceived 2 heterosexuality, homosexuality, or bisexuality. 3 (10) "Gender identity" means a gender-related identity, appearance, or 4 behavior regardless of the individual's physiology or designated sex at birth. 5 Gender-related identity may be shown by providing evidence, including medical 6 history, care or treatment of the gender-related identity, by consistent and 7 uniform assertion of the gender-related identity, or any other evidence that the 8 gender-related identity is sincerely held as a part of a person's core identity 9 however, gender-related identity shall not be asserted for any improper 10 purpose. 11 * * * 12 §332. Intentional discrimination in employment 13 A. It shall be unlawful discrimination in employment for an employer to 14 engage in any of the following practices: 15 (1) Intentionally fail or refuse to hire or to discharge any individual, or 16 otherwise to intentionally discriminate against any individual with respect to 17 compensation, or terms, conditions, or privileges of employment, because of the 18 individual's race, color, religion, sex, age, sexual orientation, gender identity, or 19 national origin. 20 (2) Intentionally limit, segregate, or classify employees or applicants for 21 employment in any way which would deprive or tend to deprive any individual of 22 employment opportunities, or otherwise adversely affect the individual's status as an 23 employee, because of the individual's race, color, religion, sex, age, sexual 24 orientation, gender identity, or national origin. 25 * * * 26 B. It shall be unlawful discrimination in employment for an employment 27 agency to intentionally fail or refuse to refer for employment, or otherwise to 28 intentionally discriminate against, any individual because of his race, color, religion, 29 sex, age, sexual orientation, gender identity, or national origin, or to intentionally Page 2 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL 1 classify or refer for employment any individual on the basis of his race, color, 2 religion, sex, age, sexual orientation, gender identity, or national origin. 3 C. It shall be unlawful discrimination in employment for a labor organization 4 to engage in any of the following practices: 5 (1) Intentionally exclude or intentionally expel from its membership, or 6 otherwise intentionally discriminate against, any individual because of his race, 7 color, religion, sex, age, sexual orientation, gender identity, or national origin. 8 (2) Intentionally limit, segregate, or classify its membership or applicants for 9 membership, or intentionally classify or fail or refuse to refer for employment any 10 individual in any way which would deprive or tend to deprive any individual of 11 employment opportunities, or would limit such employment opportunities, or 12 otherwise adversely affect his status as an employee or as an applicant for 13 employment, because of such individual's race, color, religion, sex, age, sexual 14 orientation, gender identity, or national origin. 15 * * * 16 D. It shall be unlawful discrimination in employment for any employer, labor 17 organization, or joint labor-management committee controlling apprenticeship or 18 other training or retraining, including on-the-job training programs, to discriminate 19 against any individual because of his race, color, religion, sex, age, sexual 20 orientation, gender identity, or national origin in admission to, or employment in, 21 any program established to provide apprenticeship or other training. 22 E. It shall be unlawful discrimination in employment for an employer, 23 employment agency, labor organization, or joint labor-management committee 24 controlling apprenticeship or other training or retraining, including on-the-job 25 training programs, to print or publish, or cause to be printed or published, any notice 26 or advertisement relating to employment by an employer or membership in or any 27 classification or referral for employment by a labor organization, or relating to any 28 classification or referral for employment by an employment agency, or relating to 29 admission to, or employment in, any program established to provide apprenticeship Page 3 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL 1 or other training by a joint labor-management committee, indicating any preference, 2 limitation, specification, or discrimination based on race, color, religion, sex, age, 3 sexual orientation, gender identity, or national origin. However, a notice or 4 advertisement may indicate a preference, limitation, specification, or discrimination 5 based on religion, sex, age, sexual orientation, gender identity, or national origin 6 when religion, sex, age, sexual orientation, gender identity, or national origin is 7 a bona fide occupational qualification for employment. 8 * * * 9 H. Notwithstanding any other provision of this Section, it shall not be 10 unlawful discrimination in employment for: 11 (1) An employer to hire and employ employees, for an employment agency 12 to classify or refer for employment any individual, for a labor organization to 13 classify its membership or to classify or refer for employment any individual, or for 14 an employer, labor organization, or joint labor-management committee controlling 15 apprenticeship or other training or retraining programs to admit or employ any 16 individual in any such program on the basis of his religion, sex, age, sexual 17 orientation, gender identity, or national origin in those certain instances where 18 religion, sex, age, sexual orientation, gender identity, or national origin is a bona 19 fide occupational qualification reasonably necessary for the normal operation of that 20 particular business or enterprise. 21 * * * 22 (3) An employer to apply different standards of compensation or different 23 terms, conditions, or privileges of employment pursuant to a bona fide seniority or 24 merit system, or a system which measures earnings by quantity or quality of 25 production, or any other differential based on any factor other than sex, or to 26 employees who work in different locations, provided that such differences are not 27 the result of an intention to discriminate because of race, color, religion, sex, age, 28 sexual orientation, gender identity, or national origin. 29 (4) An employer to give and to act upon the results of any professionally Page 4 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL 1 developed ability test, provided that such test, its administration, or action upon the 2 results is not designed, intended, or used to discriminate because of race, color, 3 religion, sex, age, sexual orientation, gender identity, or national origin. 4 I. Nothing in this Section shall be interpreted to infringe upon the 5 freedom of expression, association, or the free exercise of religion protected by 6 the First Amendment of the United States Constitution and Article 1, Section 7 8 of the Constitution of Louisiana. 8 J. The provisions of this Section, relative to discrimination on the basis 9 of sexual orientation and gender identity, shall not apply to a religious 10 corporation, association, educational institution or institution of learning, or 11 society that employs an individual of a particular religion to perform work 12 connected to the performance of religious activities by the corporation, 13 association, educational institution or institution of learning, or society. 14 Section 2. R.S. 37:1025(B), 1107(C), 1360.23(H), 1437(D), 2719, 3425(C), and 15 3447(C) are hereby amended and reenacted to read as follows: 16 §1025. Qualifications of applicants to the drug administration course 17 * * * 18 B. There will be no discrimination in selection of medication attendants for 19 reason of race, color, creed, religion, age, sex, sexual orientation, gender identity, 20 disability, as defined in R.S. 51:2232, or national origin. 21 * * * 22 §1107. Requirements for licensed professional counselor; provisional license; 23 temporary license or temporary provisional license; renewal of 24 license or temporary provisional license 25 * * * 26 C. No license shall be denied any applicant based upon the applicant's race, 27 religion, creed, national origin, sex, or physical impairment, age, sexual orientation, 28 gender identity, disability, or physical impairment. 29 * * * Page 5 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL 1 §1360.23. Powers and duties of the board 2 * * * 3 H. The board shall ensure that applicants for the program shall not be 4 discriminated against due to race, color, creed, age, sex, sexual orientation, gender 5 identity, disability, as defined in R.S. 51:2232, or national origin. 6 * * * 7 §1437. Application for license 8 * * * 9 D. Every applicant for a license shall submit a sworn statement attesting that 10 he has knowledge of and understands the provisions of the Fair Housing Act of 1968 11 and the Louisiana Equal Housing Opportunity Act, and any amendments thereto or 12 any successor legislation subsequently following, and that the applicant shall not 13 induce or attempt to induce any person to sell or rent any dwelling by representations 14 regarding the entry or prospective entry into an area, subdivision, or neighborhood 15 of a person or persons of a particular race, color, religion, sex, age, sexual 16 orientation, gender identity, or national origin. 17 * * * 18 §2719. Discrimination 19 No license, certificate, or registration shall be denied any applicant based 20 upon the applicant's race, religion, creed, national origin, sex, age, sexual 21 orientation, gender identity, disability, or physical impairment so long as the 22 physical impairment does not interfere with the performance of professional duties. 23 * * * 24 §3425. Qualifications for licensure; renewal 25 * * * 26 C. No license shall be denied any applicant based upon the applicant's race, 27 religion, creed, national origin, sex, age, sexual orientation, gender identity, 28 disability, or physical impairment. 29 * * * Page 6 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL 1 §3447. Requirements for licensed professional vocational counselor; renewal of 2 license 3 * * * 4 C. No license shall be denied any applicant based upon the applicant's race, 5 religion, creed, national origin, sex, age, sexual orientation, gender identity, 6 disability, or physical impairment. 7 Section 3. R.S. 40:1133.1(C) is hereby amended and reenacted to read as follows: 8 §1133.1. Emergency medical personnel training; licensure 9 * * * 10 C. The bureau shall affirmatively provide that there is no discrimination 11 toward any individual in the licensure process on the basis of race, religion, creed, 12 national origin, sex, sexual orientation, gender identity, or age. 13 Section 4. This Act shall be known as and may be cited as the "Louisiana 14 Employment Non-Discrimination Act" or "LENDA". 15 Section 5. This Act shall become effective on August 15, 2020; if vetoed by the 16 governor and subsequently approved by the legislature, the Act shall become effective on 17 August 15, 2020, or the day following such approval, whichever is later. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Yoursheka George. DIGEST SB 49 Original 2020 Regular Session Carter Proposed law, relative to prohibited discrimination in employment, provides the following additional definitions: (1) "Sexual orientation" means an individual's actual or perceived heterosexuality, homosexuality, or bisexuality. (2) "Gender identity or expression" means a gender-related identity, appearance, or behavior of a person, regardless of the person's assigned sex at birth. Provides that gender-related identity may be shown by evidence including medical history, care, or treatment of gender-related identity, by consistent and uniform assertion of gender-related identity, or other evidence that the identity is sincerely held as part of one's core identity. Prohibits assertion of gender-related identity for any improper purpose. Present law makes it unlawful discrimination in employment for an employer to engage in any of the following practices: Page 7 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL (1) To intentionally fail or refuse to hire or to discharge any individual or otherwise discriminate against an individual with respect to compensation, or terms, conditions, or privileges of employment because of the individual's race, color, religion, sex, or national origin. (2) To intentionally limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive an individual of employment opportunities, or otherwise adversely affect the individual's status as an employee, because of the individual's race, color, religion, sex, or national origin. Proposed law retains present law but includes unlawful discrimination based on age, sexual orientation, or gender identity. Present law prohibits an employment agency from intentionally failing or refusing to refer for employment, or otherwise discriminate against an individual because of race, color, religion, sex, or national origin, or to intentionally classify or refer for employment an individual on the basis of race, color, religion, sex, or national origin. Proposed law retains present law but includes when the discrimination is based on age, sexual orientation, or gender identity. Present law makes it unlawful discrimination in employment for a labor organization to engage in any of the following practices: (1) To intentionally exclude or intentionally expel from its membership, or otherwise intentionally discriminate against, an individual because of race, color, religion, sex, or national origin. (2) To intentionally limit, segregate, or classify its membership or applicants for membership, or intentionally classify or fail or refuse to refer for employment an individual in any way which would deprive or tend to deprive an individual of employment opportunities, or would limit employment opportunities, or otherwise adversely affect their status as an employee or as an applicant for employment, because of race, color, religion, sex, or national origin. Proposed law retains present law but includes unlawful discrimination based on age, sexual orientation, or gender identity. Present law prohibits discrimination for any employer, labor organization, or joint labor- management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, based on an individual's race, color, religion, sex, or national origin. Proposed law retains present law but includes unlawful discrimination based on age, sexual orientation, or gender identity. Present law prohibits discrimination for any employer, employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by an employer or membership in or any classification or referral for employment by a labor organization, or relating to any classification or referral for employment by an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by a joint labor-management committee, indicating any preference, limitation, specification, or discrimination based on race, color, religion, sex, or national origin. However, a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment. Page 8 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL Proposed law retains present law but includes unlawful discrimination based on age, sexual orientation, or gender identity. Present law provides that it is not unlawful discrimination under the following situations: (1) An employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary for the normal operation of that particular business or enterprise. (2) An employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or any other differential based on any factor other than sex, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin. (3) An employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, or national origin. Proposed law retains present law but includes unlawful discrimination based on age, sexual orientation, or gender identity in each listing. Proposed law prohibits any interpretation that infringes upon the freedom of expression, association, or the free exercise of religion protected by the First Amendment of the United States Constitution and Article 1, Section 8 of the Constitution of Louisiana. Proposed law, relative to discrimination on the basis of sexual orientation and gender identity, shall not apply to a corporation, association, educational institution or institution of learning, or society that is exempt from the religious discrimination provisions of 42 U.S.C. 2000(e)-1(a) or 2000(e)-2(e) (formerly Section 702(1) or 703(e)(2) of Title VII of the Civil Rights Act of 1964). Present law provides for qualifications of applicants to participate in a drug administration course to become a medication attendant. Prohibits discrimination in the selection of medication attendants for reason of race, color, creed, religion, disability, or national origin. Proposed law retains present law but includes discrimination based on age, sex, sexual orientation, or gender identity. Present law prohibits the denial of a license for a licensed professional counselor based on the applicant's race, religion, creed, national origin, sex, or physical impairment. Proposed law retains present law but prohibits denial based on the applicant's age, sexual orientation, gender identity, or disability. Present law requires that the La. State Board of Medical Examiners ensure applicants for a program for physician assistant not be discriminated against due to race, color, creed, age, sex, disability, or national origin. Proposed law retains present law but prohibits discrimination based on the applicant's sexual Page 9 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 49 SLS 20RS-115 ORIGINAL orientation, gender identity, or disability. Present law requires applicants for licensure by the La. Real Estate Commission to attest to their knowledge of and understanding of the provisions of the Fair Housing Act of 1968 and the Louisiana Equal Housing Opportunity Act, and that the applicant shall not induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into an area, subdivision, or neighborhood of a person or persons of a particular race, color, religion, or national origin. Proposed law retains present law but adds that the applicant not discriminate based on sex, age, sexual orientation, or gender identity. Present law provides that no license, certificate or registration be denied by the La. State Board of Social Work Examiners based on race, religion, creed, national origin, sex or physical impairment so long as the physical impairment does not interfere with performance of professional duties. Proposed law retains present law but adds that the denial also not be based on age, sexual orientation, gender identity, or disability. Present law provides that no license be denied by the La. State Board of Medical Examiners for licensure as a clinical exercise physiologist based on race, religion, creed, national origin, sex, or physical impairment. Proposed law retains present law but adds that the denial also not be based on age, sexual orientation, gender identity, or disability. Present law provides that no license be denied by the La. Licensed Professional Vocational Rehabilitation Counselors Board of Examiners based on race, religion, creed, national origin, sex, or physical impairment. Proposed law retains present law but adds that the denial also not be based on age, sexual orientation, gender identity, or disability. Present law requires that the La. Department of Health, bureau of emergency medical services, affirmatively provide that there is no discrimination toward any individual in the licensure process on the basis of race, religion, creed, national origin, sex, or age. Proposed law retains present law but adds that the denial also not be based on sexual orientation or gender identity. Effective August 15, 2020. (Amends R.S. 23:332(A)(1) and (2), (B), (C)(1) and (2), (D), (E), (H)(1), (3) and (4), R.S. 37:1025(B), 1107(C), 1360.23(H), 1437(D), 2719, 3425(C), 3447(C), and R.S. 40:1133.1(C); adds R.S. 23:302(9) and (10), and 332(I) and (J)) Page 10 of 10 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.