Religious discrimination - Louisiana

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 discrimination provisions apply only to an employer who employs 20 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

“Employer” also includes an insurer with respect to appointment of agents, regardless of the character of the agent’s employment.

This law does not apply to the following:

• Employment of an individual by a parent, spouse, or child or to employment in the domestic service of the employer.
• Employment of an individual by a private educational or religious institution or any nonprofit corporation, or the employment by a school, college, university, or other educational institution or institution of learning of persons having a particular religion if the school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of the school, college, university, other educational institution, or institution of learning is directed toward the propagation of a particular religion.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of Religion. For example, the state law includes an exemption for a bona fide occupational qualification.

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

29 CFR Part 1605, Guidelines on Discrimination Because of Religion