Louisiana Application Forms laws & HR compliance analysis

Louisiana Application Forms: What you need to know

The Louisiana Employment Discrimination Law prohibits employment practices that discriminate on the basis of race, color, disability, religion, sex, age, national origin, sickle cell trait, and genetic information. These prohibitions apply to employers with 20 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (LA Rev. Stat. Sec. 23:301, Sec. 23:368). The Law also includes a separate provision that prohibits discrimination on the basis of pregnancy (LA Rev. Stat. Sec. 23:341). The pregnancy provision covers employers with more than 25 employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
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Except for disabilities and genetic test results, the Law does not specifically address the issue of application forms. However, preemployment inquiries that elicit information, either directly or indirectly, regarding an applicant's protected status, may subject an employer to liability for discrimination.
The Louisiana Employment Discrimination Law specifically prohibits employers from making or using any inquiry or application form that asks or attempts to ask about a prospective employee's disability. Employers are also prohibited from making or keeping a record of disability information or disclosing such information for discriminatory purposes.
The federal Americans with Disabilities Act (ADA) prohibits all questions about disabilities until after an offer of employment has been made. The ADA covers employers with 15 or more employees. Louisiana employers that are covered by both the ADA and Louisiana state law must comply with both with ...

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