Louisiana Selection and Testing laws & HR compliance analysis

Louisiana Selection and Testing: What you need to know

The Louisiana Employment Discrimination Law prohibits employment practices that discriminate on the basis of age, disability, race, color, religion, sex, pregnancy, genetic information, national origin, and sickle-cell trait (LA Rev. Stat. Sec. 23:301 et seq.). The Law covers employers with 20 or more employees, except for the pregnancy discrimination requirements, which apply to employers with 25 or more employees.
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Testing of individuals with disabilities. Employers are prohibited from discriminating against applicants and employees with disabilities on the basis of physical or mental examinations or preemployment interviews that are not required of all applicants or employees or are not directly related to the job in question (LA Rev. Stat. Sec. 23:323 (B)(4), (5)).
An employer may defend against a charge that it has unlawfully screened out job applicants by showing that its selection criteria, tests, or qualification standards are job-related and consistent with business necessity, and that job performance cannot be accomplished by reasonable accommodation. The term "qualification standards" may include a requirement that an applicant does not pose a direct threat to the health or safety of the applicant or other individuals in the workplace (LA Rev. Stat. Sec. 23:324).
Under a ruling by the 9th Circuit Court of Appeals, when an employer denies employment based on a medical qualification standard, it must prove that (1) the standard "fairly and accurately measures the individual's actual ability" to perform the essential functions of the job in question, and (2) there is no reasonable accommodation that would allow the applicant to safely perform the job (Bates v. United Parcel Service, Inc., 511 F.3d ...

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