Text of LA SB 98 (2006)

SLS 06RS-381 ENGROSSED Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2006 SENATE BILL NO. 98 BY SENATOR SHEPHERD 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; 7 prohibited 8 A. It shall be unlawful discrimination in employment for an employer, 9 including any governmental entity or agency, to subject employees to different 10 standards of treatment or otherwise discriminate in employment or 11 employment opportunities, on the basis of actual or perceived sexual 12 orientation. Employment and employment opportunities shall include the 13 hiring, firing, compensation paid, and other terms or conditions of an 14 individual's employment. 15 B. For purposes of this Section and the enforcement of any rights 16 provided herein, "sexual orientation" means being or perceived as being 17 SB NO. 98 SLS 06RS-381 ENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. heterosexual, homosexual, or bisexual or having or being perceived as having 1 a gender-related self-identity, appearance, or behavior whether or not 2 associated with a person's assigned sex at birth. 3 C. This Section shall not apply to any private business having nineteen 4 or fewer full-time employees or any religious organization. 5 D. The provisions of this Section shall not be construed to require 6 employers to do any of the following: 7 (1) To justify neutral practices that may result in a disparate impact 8 against people of a particular sexual orientation, whether actual or perceived. 9 (2) To adopt quotas or give preferential treatment to an individual on the 10 basis of their actual or perceived sexual orientation. 11 (3) Preclude an employer from adopting and implementing a reasonable 12 dress code, which requires employees to adhere to reasonable workplace 13 appearance, grooming, and dress standards not precluded by other provisions 14 of state or federal law, provided however, that an employer shall allow any 15 employee to appear and dress consistently with the employee's gender identity. 16 (4) Provide any benefits to the partner of any employee. 17 E. Nothing in this Section shall be construed to apply to the government 18 of the United States or its military, including the National Guard, nor to repeal 19 or modify any federal, state, or local law creating a special right or preference 20 for veterans of the armed forces. 21 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cheryl Cooper. DIGEST Shepherd (SB 98) 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. SB NO. 98 SLS 06RS-381 ENGROSSED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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. (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. 23:335)