last update 1-20-2004
1997 Louisiana Employment Discrimination Statutes
During 1997, the Louisiana Legislature re-wrote most of the employment
discrimination statutes and consolidated them into a central location at
RS 23:301 et seq. This page attempts to summarize the benefits of those
statutes.
COMPARISON OF LOUISIANA STATUTES VS FEDERAL STATUTES
To sue in Louisiana, the employee does not have to file a complaint with the
EEOC or with the state agency. The employee has ONE YEAR from the date of the
alleged complaint to file suit in state court. Generally, damages,
re-instatement, attorney's fees and costs can be recovered. No punitive damages
are provided under Louisiana law. Although a suit must be brought within
one year, you must also put the employer on notice of the alleged claim in
writing at least 30 days and the notice must "detail the alleged discrimination"
and both parties must make a good faith effort to resovle the dispute prior
to filing suit. Thus, action must be taken during the one year period BEFORE
suit can be filed.
LRS 23:303 also provides that if the claim is frivolous, the plaintiff could
be held liable to the employer for damages incurred as a result of the claim,
reasonable attorney's fees and court costs. Thus, you should be sure that you
are in good faith and have a valid claim to justify the effort.
To sue in Federal Court under the federal statutes, the employee must first file
a complaint with the EEOC or the La Commission on Human Rights. The primary
advantage of filing in Federal Court is the benefit of collecting large
punitive damages.
One alternative would be to file the suit in state court while also filing the
complaint with the EEOC. After the necessary delays, file the suit in
Federal Court under the Federal statutes. You end up having a claim under
both federal and state court and can get the litigation started earlier.
Generally, to file a claim in Federal court, the employer must have employed
15 employees or more. In the Louisiana law, the number of employees required
to have been employed for a 20 week period varies with 20 required for an
Age claim, 15 required for a Disability claim, for other general claims of
race, color, religion, sex and national origin, the size is more than 15, and
for pregnancy, childbirth and related medical conditions the requirment is 25
employees.
AGE
First, the age provisions only apply to employers who employee 20 or more
employees within the state of Louisiana for each working day in each of 20 or
more calendar weeks in the current or preceding calendar year. This is a basic
entry level question that must be met before you go further.
Second, the provisions only apply to employees who are at least age 40 when
the alleged act occurred.
If the above two hurdles have been met, then the employer is prohibited from
failing or refusing to hire or to discharge or to discriminate against any
covered employee with respect to compensation, terms, conditions or
privileges of employment because of age.
A plaintiff who has a cause of action against an employer for violation of
this part may file a suit in the district court for the parish in which
the alleged violation occurred seeking back pay, benefits, reinstatement,
reasonable attorney fees and court costs.
The employer is to post a poster that is to be prepared by the La Dept of
Labor to set forth these requirements.
DISABILITY
To qualify under this section, the employer must employ 15 or more employees
during each working day in 20 or more calendar weeks in the current or
preceding year.
A disabled person, as defined at RS 23:321, is not to be discriminated against
in employment on the basis of a disability.
A plaintiff who has a cause of action against an employer for violation of
this part may file a suit in the district court for the parish in which
the alleged violation occurred seeking back pay, benefits, reinstatement,
reasonable attorney fees and court costs.
The failure of an employee to prove his case could result in the liability
for reasonable attorney fees for the employer and court costs, all at the
discretion of the judge.
RACE, COLOR, RELIGION, SEX AND NATIONAL ORIGIN
To qualify under this section, the employer must employ 15 or more employees
during each working day in 20 or more calendar weeks in the current or
preceding year.
It is unlawful for an employer to discriminate against an employee with respect
to the employee's compensation, terms, conditions or privileges of employment
because of the individual's race, colr, religion, sex or national origin.
A plaintiff who has a cause of action against an employer for violation of
this part may file a suit in the district court for the parish in which
the alleged violation occurred seeking back pay, benefits, reinstatement,
reasonable attorney fees and court costs.
The failure of an employee to prove his case could result in the liability
for reasonable attorney fees for the employer and court costs, all at the
discretion of the judge.
PREGNANCY, CHILDBIRTH, AND RELATED MEDICAL CONDITIONS
To qualify under this section, the employer must employ 25 or more employees
during each working day in 20 or more calendar weeks in the current or
preceding year. Note that under Federal law and to file the case in
Federal Court, only 15 employees are required to have been employed.
It is unlawful for an employer to discriminate against an employee with respect
to the employee's compensation, terms, conditions or privileges of employment
because of pregnancy, childbirth or related medical conditions UNLESS the
act is based on a bona fide occupational qualification.
All of the other prohibited acts set forth in the act were given a specific
right of civil action. However, none were set forth relating to this part
which was probably an oversight on the part of the Legislature.
SICKLE CELL TRAITS
To qualify under this section, the employer must employ 20 or more employees
during each working day in 20 or more calendar weeks in the current or
preceding year.
It is unlawful for an employer to discriminate against an employee with respect
to the employee's compensation, terms, conditions or privileges of employment
because of the individual's sickle cell trait.
A plaintiff who has a cause of action against an employer for violation of
this part may file a suit in the district court for the parish in which
the alleged violation occurred seeking back pay, benefits, reinstatement,
reasonable attorney fees and court costs.
The employer is to post a poster that is to be prepared by the La Dept of
Labor to set forth these requirements.
======================== WARNING =======================
AND DISCLAIMER
This information is provided for the reader's benefit in
becoming familiar with the legal matters discussed. Your
particular facts may be different from the points above.
You should not rely on the above data without consulting a
attorney to discuss the specific facts of your case
and the law of your state.
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If you live in Louisiana and want to talk about your situation, please
call me at:
Marvin E. Owen
Attorney-CPA
3036 Brakley Drive
Baton Rouge, La 70816
ph 225-292-0099
toll-free 1-888-292-0116
e-mail marvin@meocpa.com
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