Louisiana Sex Discrimination laws & HR compliance analysis

Louisiana Sex Discrimination: What you need to know

The Louisiana Employment Discrimination Law prohibits employment practices that discriminate on the basis of sex (LA Rev. Stat. Sec. 23:332). The Law covers employers with 20 or more employees working within the state for 20 or more weeks within the current or preceding calendar year (LA Rev. Stat. Sec. 23:302). The term “employer” includes an insurer with respect to appointment of agents regardless of the character of the agent’s employment. 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 on the basis of sex.
• Intentionally, limit, segregate, or classify employees or applicants on the basis of sex in any way that would tend to deprive any individual of employment opportunities, or otherwise adversely affect an individual's status.
• Discriminate in admission to any apprenticeship or other training program on the basis of sex.
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination based on sex.
Other related laws prohibit discrimination by state and local government agencies and by public contractors (LA Rev. Stat. Sec. 38:2315, LA Const. Art. 10 Sec. 8).
A Louisiana state court has ruled that an employer's statements regarding women in the workplace provided sufficient evidence that an employee was laid off because of her gender (Talbot v. Broyles Group, LLC, No. 07-1599 (W.D. La. 2011)). The female former employee in this case provided evidence that her supervisor made gender-biased statements that a woman can work outside the home but should return home if her work ...

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