The Louisiana Employment Discrimination Law prohibits employment practices that discriminate on the basis of age (40 years and over), disability, race, color, religion, sex, national origin, genetic information, sickle-cell trait, and pregnancy (including childbirth and related medical conditions). These prohibitions apply to employers with 20 or more employees, except for the pregnancy provision, which applies to employers with 25 or more employees (LA Rev. Stat. Sec. 23:301 et seq.).
Except for genetic testing and disabilities, the Law does not specifically address the issue of preemployment inquiries. Generally, an employer's inquiry about a protected characteristic can constitute evidence of discrimination.
Federal laws. The Americans with Disabilities Act (ADA) expressly prohibits disability-related preemployment inquiries made before extending a job offer to an applicant. Title VII of the Civil Rights Act of 1964 has no express prohibition, but the Equal Employment Opportunity Commission (EEOC) cautions that questions concerning an applicant's age, gender, race, color, religion, or national origin may be used as evidence of discrimination.
Bona fide occupational qualification (BFOQ) exception. An employer may make an employment inquiry about a protected characteristic only if it is reasonably necessary to the normal operation of the employer's business and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions of the job in question. To be a BFOQ, a characteristic must be absolutely essential to the applicant's ability to perform the job. For example, being female would be a legitimate BFOQ for a person applying for a job as a model of ...