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).
State law prohibits employers from retaliating or discriminating against a person who has opposed a discriminatory practice, made a charge, filed a complaint, or testified, assisted, or participated in any investigation, proceeding, or hearing under the Louisiana Employment Discrimination Law (LA Rev. Stat. Sec. 51:2256).
However, employers should note that most employees who are covered under the Louisiana Employment Discrimination Law are also protected by Title VII of the Civil Rights Act of 1964 (Title VII). Title VII expressly prohibits retaliation against an employee or job applicant who complains of national origin discrimination or who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing brought under the law.
BFOQ. It may be permissible to hire an individual on the basis of national origin because of a ...