Louisiana Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Louisiana Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. 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. § 23:301 et seq.). Effective August 1, 2022, the term “race” includes traits historically associated with race, including hair texture and protective hairstyles. “Natural, protective, or cultural hairstyle” includes “afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance” (La. Pub. Act 529 (2022)).
Disabilities. The Employment Discrimination Law specifically prohibits employers from asking generalized questions about disabilities either in a job interview or on an application form. Employers may require physical examinations for job applicants and employees if the exams are (1) directly related to the requirements of a specific job and (2) given to all applicants or employees in the same job category (La. Rev. Stat. § 23:301 et seq.). The employer must also be able to demonstrate that the individual with a disability would not be able to perform the job with a reasonable accommodation (La. Rev. Stat. § 23:324).
Criminal history. Public employers are prohibited from asking about criminal history on a job application, but they are not prevented from asking about it during an interview or conducting a background search (La. ...

Read more about Pre-Employment Inquiries (Interviewing)