Louisiana Hiring laws & HR compliance analysis

Louisiana Hiring: What you need to know

The Louisiana Employment Discrimination Law prohibits employment practices, including hiring, that discriminate based on age (40 years or older), race, color, religion, sex, disability, national origin, genetic information, sickle-cell trait, and pregnancy (including childbirth and related medical conditions) (LA Rev. Stat. Sec. 23:302et seq.). The Law covers employers with 20 or more employees, except for the pregnancy discrimination provision, which applies to employers with 25 or more employees. The Law also applies to insurers with respect to the appointment of agents.
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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 respect to questioning applicants about disabilities. Employers should periodically review their application forms to be sure they are in compliance. Additional information on preemployment inquiries is available.
Employers are prohibited from discriminating against applicants or employees based on protected genetic information (LA Rev. Stat. Sec. 23:368). The law also prohibits employers from requiring, collecting, or purchasing protected ...

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