Comparison: State vs. Federal
The Louisiana Employment Discrimination Law prohibits employment practices that discriminate against an otherwise qualified person on the basis of disability or genetic test results. The Law covers employers with 20 or more employees (LA Rev. Stat. Sec. 23:301 et seq., Sec. 23:368).
The term "disability" means:
'Otherwise qualified person with a disability' defined
- A mental or physical impairment that substantially limits one or more major life activities
- A record of such an impairment
- Being regarded by others as having such an impairment
An "otherwise qualified person with a disability" is an individual with a disability who, with reasonable accommodation, can perform the essential functions of the job in question. Reasonable Accommodation
Employers must reasonably accommodate a person's disability, unless the accommodation would cause the employer undue hardship. Undue hardship is determined by considering the job's essential duties, the specific disability, the general working environment, and the particular employee or applicant.
In determining whether an accommodation is an undue hardship, the following may be taken into account:
- The employee or applicant for which accommodation is to be made
- The specific disability of the employee or applicant
- The essential job duties of the position
- The working environment
The Law also includes a separate provision that prohibits discrimination on the basis of sickle-cell trait (LA Rev. Stat. Sec. 23:352). The provision covers employers with 20 or more employees. Federal Law Compared
The federal Americans with Disabilities Act (ADA) also prohibits employment practices that discriminate on the basis of ...