['Discrimination']
['Pregnancy Discrimination']
06/11/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
SEARCH
Summary of differences between federal and state regulations
Employer defined
“Employer” means a person, association, legal or commercial entity, the state, or any state agency, board, commission, or political subdivision of the state receiving services from an employee and, in return, giving compensation of any kind to an employee.
The provisions regarding pregnancy apply only to an employer who employs more than 25 employees within this state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. For example, disabilities caused or contributed to by pregnancy or related conditions must be treated the same as any other disability for purposes of leave. However, no employer is required to provide a female employee disability leave on account of normal pregnancy, childbirth, or related medical condition for a period exceeding six weeks.
It is unlawful, unless based upon a bona fide occupational qualification, for any employer, because of the pregnancy, childbirth, or related medical condition of any female employee, to:
- Refuse to promote her, or to refuse to select her for a training program leading to promotion, provided she is able to complete the training program at least three months prior to the anticipated date of departure for her pregnancy leave; or
- Discharge her from employment or from a training program leading to promotion, or to discriminate against her in compensation or in terms, conditions, or privileges of employment.
It is unlawful for any employer to refuse to allow a female employee affected by pregnancy, childbirth, or related medical conditions either:
- To receive the same benefits or privileges of employment granted by that employer to other persons not so affected who are similar in their ability or inability to work, including to take disability or sick leave or any other accrued leave which is made available by the employer to temporarily disabled employees; or
- To take a leave on account of pregnancy for a reasonable period of time, not to exceed four months. The employee is entitled to use any accrued vacation leave during this time. “Reasonable period of time” means that period during which the employee is disabled on account of pregnancy, childbirth, or related medical conditions. An employer may require any employee who plans to take a leave to give reasonable notice of the date the leave will commence and the estimated duration.
It is unlawful for an employer who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant female employee who so requests.
It is unlawful for any employer to refuse to temporarily transfer a pregnant female employee to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where such transfer can be reasonably accommodated. However, an employer is not required create additional employment which the employer would not otherwise have created, nor be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job.
Notwithstanding any other provision of law to the contrary, a mother may breastfeed her baby in any place of public accommodation, resort, or amusement. Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a mother breastfeeding her baby is a discriminatory practice in connection with public accommodations.
Parishes and municipalities may adopt and enforce ordinances, orders, and resolutions prohibiting all forms of discrimination, including discrimination on the basis of race, creed, color, religion, national origin, sex, disability, or age, and to prescribe penalties for violations in addition to the remedial orders and enforcement authorized at the state level. However, no such ordinance, order, or resolution can attempt to exempt more transactions from its coverage than are exempted by state statute.
Posting
Every employer, employment agency, and labor organization must post and keep posted in conspicuous places upon its premises a notice prepared by the Department of Labor setting forth information the department deems appropriate.
State
Contact
Louisiana Commission on Human Rights
Regulations
Louisiana Revised Statutes Title 23, RS 23:301 et seq., Prohibited Discrimination in Employment
http://legis.la.gov/Legis/Law.aspx?d=83864
Louisiana Revised Statutes Title 51, RS 51:2231 et seq., Louisiana Commission on Human Rights
http://legis.la.gov/Legis/Law.aspx?d=104274
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
READ MORESHOW LESS
['Discrimination']
['Pregnancy Discrimination']
Load More
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.