The Louisiana Employment Discrimination Law prohibits employers from discriminating against a qualified person with a disability based on the disability. The law covers employers with 20 or more employees (LA Rev. Stat. Sec. 23:302).
Qualified person with a disability. The law defines this term as an individual with a disability who, with reasonable accommodation, can perform the essential functions of the job in question.
Federal law compared. Although the federal Americans with Disabilities Act (ADA) has similar provisions to the state law, amendments to the ADA changed the definition of a "regarded as" disability. Under the amended ADA, a person is regarded as having an ADA disability if an employer takes adverse employment action against the person because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a regarded as disability.
The ADA covers private employers with 15 or more employees. Therefore, employers in Louisiana that are covered by the ADA and state law must comply with the broader definitions found in the amended ADA.
Sickle-cell trait. Another state law prohibits employment practices that discriminate against an applicant or employee because that individual has the sickle-cell trait. The law covers employers with 20 or more employees (LA Rev. Stat. Sec. 23:352 et seq.). Employers are required to post notice about the law's prohibitions.
Under federal law, human immunodeficiency virus HIV/AIDS is a protected disability. In the case of Bragdon v. Abbott, 118 S.Ct. 2196 (1998), the United States Supreme Court found that asymptomatic HIV is a disability under the ADA “from the ...