§ 42:353 — Litigation and settlements

§353. Litigation and settlements
A. Notwithstanding any law to the contrary, including but not limited to R.S.
13:5108.1, when a claim of sexual harassment has been brought and the office of risk
management, or the exempted institution of higher education, determines that sexual
harassment did occur, the sexual harasser shall be responsible for the payment of all or a
portion of the amount of the settlement or judgment. In determining the amount that the
sexual harasser should contribute to any compromise of the claim, the following factors shall
be considered:
(1) Whether the sexual harasser was engaged in the performance of the duties of his
office or employment with the state at the time the sexual harassment occurred.
(2) The severity of the sexual harassment.
(3) The stage of litigation.
(4) The ability of the sexual harasser to pay.
B. When a claim is filed against the state due to a claim of sexual harassment which
results in a final judgment or settlement against the state, the attorney general, on behalf of
the state, may file suit against the sexual harasser to assert and enforce the state's right to
reimbursement and indemnity from the sexual harasser. The attorney general is also entitled
to recover from the alleged sexual harasser all costs and reasonable attorney fees incurred in
asserting that right.
C. The attorney general shall receive as compensation an amount not to exceed
twenty-five percent of the total monies recovered from the enforcement of the state's right
to reimbursement from the sexual harasser, as set forth in this Chapter, to be deposited into
the Department of Justice Debt Collection Fund. The attorney general, the office of risk
management or the exempted institution, and the agency shall determine whether the
interests of the state are best served by litigation or by the making of an offer or the
acceptance of an offer to settle or compromise the claim or litigation.

Legislative History

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