LOUISIANA DISCRIMINATION LAWYER

Louisiana Discrimination Laws

Like many states, Louisiana defers to federal legislation regarding most acts of discrimination. However, Louisiana does have its own anti-discrimination laws in regard to employment discrimination, housing discrimination, and disability discrimination. These laws are enforced by the Louisiana Commission on Human Rights.

Employment Discrimination

Louisiana’s workplace discrimination laws (La. R.S. § 23.301) prohibit employers from discriminating against workers based on:

• Age
• Disability
• Race
• Sex
• National origin
• Natural, protective, or cultural hairstyle
• Pregnancy status
• Sickle cell trait
• Genetic information

These classes of individuals are protected from certain discriminatory practices in hiring, employment, and termination. Based on an applicant or employee’s intrinsic characteristics, an employer cannot intentionally do things like:

• Refuse to hire, promote, or provide reasonable accommodations for an employee
• Segregate or separate an employee in a way that deprives them of employment opportunities
• Pay an employee less than another for equal work under similar circumstances  
• Use physical or mental exams on certain employees/applicants and not others
• Indicate preference in applicants when it has nothing to do with the job or position
• Refuse to provide an employee with the same benefits and privileges as other employees
• Disclose sensitive information about an employee for the purpose of discrimination

It’s important to note that this Louisiana law only applies to employers who have 20 or more employees in Louisiana who are regularly working for them. The only exception to this is in cases regarding pregnancy status, in which case, employers must have 25 or more employees in the state who regularly work for them for these laws to apply. 

It’s also important to note that, in cases involving disability and pregnancy status, employers are only required to provide reasonable accommodations. These are any accommodations that would not cause undue hardship on the employer, which is determined on a case-by-case basis.

Workplace Discrimination and At-Will Employment

Employment discrimination cases can seem tricky in states with “at-will employment” like Louisiana. At-will employment is the legal doctrine that states an employer can terminate an employee for any legal reason, with or without warning, unless you have an express or implied contract of employment, or if you are a member of a labor union with a collective-bargaining agreement. 

Termination of employment based on discrimination is illegal, so employers are not allowed to fire employees based on certain characteristics. If you have been fired based on your age, race, sex, or other intrinsic characteristic, you may be able to file a civil rights claim against your employer. Shreveport-Bossier labor and employment attorney Michael J. Vergis can provide unparalleled assistance for these types of cases.

Housing Discrimination

Louisiana law also protects citizens from discrimination in the housing sector under the Louisiana Equal Housing Opportunity Act (La. R.S. § 51:2601). It states that anyone in Louisiana has the right to find housing whenever it is available, and all people have the right to compete for housing on an open, fair, and equitable basis.

This Louisiana law specifically prohibits discrimination in the sale or rental of housing based on a person’s:

• Race
• Color
• Religion
• Sex
• Familial status
• National origin
• Natural, protective, or cultural hairstyle

The act also specifically outlaws certain discriminatory actions based on the above characteristics. This means that, based on a person’s intrinsic characteristics, real estate owners cannot do certain things like:

• Refuse to sell or rent a property to someone after they have made a fair offer
• Indicate a preference for a buyer or renter
• Lie about housing availability
• Attempt to induce sales based on representation of certain groups in the area 

It’s also illegal for real estate owners to discriminate against those with a disability, including those who are

• Looking to buy or rent the property
• Intending to live on the property after the sale or rental is made
• Associated with the person who is buying or renting the property

Based on a person’s disability, property owners cannot do things like:

• Refuse reasonable modifications that are made at the expense of the person with the disability
• Refuse reasonable accommodation when they are required for equal opportunity
• Refuse to comply with national building ordinances regarding accessibility

There are a number of exceptions to these anti-discrimination laws, based on property ownership, financing sources, and the type of dwelling. It’s important that anyone who has been discriminated against in the housing market consults with a civil rights lawyer. They can help evaluate the circumstances of the case and determine whether or not this law applies to their situation.  

Disability Discrimination

Lastly, state law explicitly protects those with disabilities, legally ensuring that every individual in the state is afforded an equal opportunity to live a full and productive life (La. R.S. § 46:2252). It specifically protects those who have an impairment that substantially limits one or more life activities, like walking, talking, seeing, speaking, breathing, learning, and working. 

In addition to housing and employment, the law protects those with disabilities from discrimination in educational facilities and state-funded assistance programs. 

Those with disabilities are often more vulnerable to systematic abuse. If your loved one has a disability and their rights have been violated, it’s important to contact an attorney who can help ensure they receive fair and just treatment. 

Other Discrimination Protections

In addition to state discrimination laws, many Louisiana cities have their own various anti-discrimination ordinances, which can help protect certain groups in the local area. Some of these cities include:

• Shreveport – Shreveport, La. Code of Ord. § 39
• Bossier City – Bossier City, La. Code of Ord. § 62
• Baton Rouge – Baton Rouge, La. Code of Ord. § 20
• New Orleans – New Orleans, La. Code of Ord. § 86
• Laffayette – Lafayette, La. Code of Ord. § 46
• Monroe – Monroe, La. Code of Ord. § 12.5

If you have been the victim of discrimination in any one of these cities, check your local ordinances to see what specific acts are prohibited in your area. If your local municipality does not protect you from a given act of discrimination, state or federal law likely will.