Louisiana § RS 42:352 - Definitions

§ RS 42:352. Definitions

            Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:

            (1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of state government.

            (2) "Agency head" means the chief executive, administrative officer of an agency, or the chairman of a board or commission.

            (3) "Complainant" means the person who files a complaint alleging that they have been the victim of sexual harassment as described in this Chapter.

            (4) "Elected official" means any person holding an office in state government which is filled by the vote of the electorate. The term includes any person appointed to fill a vacancy in that office.

            (5) "Public employee" means anyone who is:

            (a) An administrative officer or official of state government who is not holding an elective office.

            (b) Appointed to a post or position of state government created by rule, law, resolution, or executive order.

            (c) Employed by an agency, officer, or official of state government.

            (6) "Public funds" means monies of the state, including but not limited to monies from the state risk management program established by R.S. 39:1528 et seq., monies from an exempted institution of higher education pursuant to R.S. 17:3139.5, the state general fund, dedicated funds, fees and self-generated revenues, or any other source of public funds.

            (7) "Public servant" means a public employee or an elected official.

            (8) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature which explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, by a public servant of the state. It includes intimidation, reprisal, retaliation, or discrimination that is unlawful under state or federal law and is taken against a public servant of the state because of a claim of sexual harassment in violation of state or federal law.

            (9) "State government" means the legislative branch, executive branch, and judicial branch of state government, but shall not include any parish, municipality, or any other unit of local government, including a school board special district, mayor's court, justice of the peace court, district attorney, sheriff, clerk of court, coroner, tax assessor, registrar of voters, or any other elected parochial or municipal official.

            Acts 2019, No. 413, §2, eff. June 20, 2019.