The Louisiana Employment Discrimination Law prohibits employers with 20 or more employees within the state for 20 or more weeks within the current or preceding calendar year from intentionally discriminating with respect to national origin (LA Rev. Stat. Sec. 23:332). The Law does not apply to nonprofit corporations, employment in domestic service, or to churches or religiously affiliated schools, including universities.
Under the Law, it is unlawful for an employer to:
• Intentionally refuse to hire, discharge, or otherwise discriminate with respect to an individual's compensation or terms and conditions of employment.
• Publish an advertisement for employment indicating a preference, limitation, specification, or discrimination based on national origin, unless national origin is a bona fide occupational qualification (BFOQ).
Retaliation prohibited. State laws prohibit retaliation against employees who file discrimination complaints based on age (LA Rev. Stat. Sec. 23:312(D)) or sickle-cell trait (LA Rev. Stat. Sec. 23:352(D)). Retaliation claims for other types of discrimination complaints are not covered under the Louisiana Employment Discrimination Law, according to a state court ruling. The court ruled that following the 1997 amendment to the Louisiana Human Rights Act, provisions relating to prohibited employment discrimination are found in the Louisiana Employment Discrimination Law, which does not contain any prohibition of retaliation, except for complaints based on age and sickle-cell trait (Lowry v. Dresser, Inc., 893 So. 2d 966 (La. 3d Cir. 2005) (cert. denied, 2/3/2006)). Therefore, under state law, an individual cannot claim that an employer unlawfully retaliated because the individual ...