2011 Louisiana Laws
Revised Statutes
TITLE 23 — Labor and worker's compensation
RS 23:1775 — Evidence of domestic abuse; prohibited disclosure; reporting requirement

§1775. Evidence of domestic abuse; prohibited disclosure; reporting requirement

A. An individual shall demonstrate that the individual is a victim of domestic abuse by providing one of the following:

(1) A protective order, injunction, temporary restraining order, or any other court order issued by a court of competent jurisdiction against the perpetrator for the purpose of protecting the individual or the individual's family from domestic abuse by the perpetrator.

(2) A law enforcement record documenting the domestic abuse of the individual or a member of the individual's family.

(3) Documentation that the abuser has been convicted of a criminal offense perpetrated against the individual or a member of the individual's family.

(4) Medical documentation of the domestic abuse by a licensed physician, nurse, or nurse practitioner who has examined the individual or a member of the individual's family who has been abused.

(5) An affidavit from one of the following persons who is currently providing treatment or services for the abuse to the individual or the individual's family: the director of a designated domestic violence agency; a counselor or advocate employed by a domestic abuse shelter or battered women's program; a member of the clergy; a licensed professional counselor; a licensed social worker; a licensed psychologist or medical psychologist; or a licensed psychiatrist. The individual shall obtain the affidavit from one of these listed persons and provide it to the Louisiana Workforce Commission for review.

B. Evidence of domestic violence experienced by an individual, including the individual's statement and corroborating evidence, is subject to the provisions of R.S. 23:1625 and 1660(C), and may not be disclosed by the Louisiana Workforce Commission without the individual's consent or sufficient evidence of the employer's legitimate need.

C. The Louisiana Workforce Commission shall submit a report annually to the Governor's Office on Women's Policy and the House and Senate committees on labor and industrial relations. The report shall document the number, duration, total cost, and geographic distribution and other related statistics of all lost wage benefit claims made under any provision of this Part.

D.(1) The Louisiana Workforce Commission shall conduct a follow-up study, and report its findings to the House and Senate committees on labor and industrial relations by January 1, 2010, of all recipients of the lost wage benefits and whether the benefits helped the recipient.

(2) The commission shall also include in its report whether the recipient claimed the benefits more than once, how much time elapsed before the recipient became employed, and if the recipient exhausted the benefits before finding work.

Acts 2007, No. 421, §1; Acts 2008, No. 220, §8, eff. June 14, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 251, §13, eff. Jan. 1, 2010.

NOTE: Acts 2007, No. 421, §2 provides that the provisions of the Act cease to be effective on July 1, 2010.