Louisiana ADA laws & safety compliance analysis

Louisiana ADA: What you need to know

Discrimination

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).

'Disability' Defined
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The term "disability" means:

  • A mental or physical impairment that substantially limits one or more life activities
  • A record of such an impairment
  • Being regarded by others as having such an impairment
'Otherwise Qualified Disabled Person' Defined

An "otherwise qualified disabled person" is an individual with a disability who can perform the essential functions of the job in question, with or without reasonable accommodation.

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
Sickle-Cell Trait

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 disability. The ADA covers employers with 15 or more ...


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More on this topic:

Discrimination
Sickle-Cell Trait
Federal Law Compared
City of New Orleans