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Previous Updates
Permitless Concealed Carry of Handguns
Restricting Nondisclosure Agreements
Final Pay Law Amended
Child Labor Meal Break Requirement
Unemployment Insurance Notice
Genetic Testing and Cancer Screening
CROWN Act
Expansions of Pregnancy Accommodation
Effective August 1, 2021, the Louisiana Employment Discrimination Law (LEDL) is amended to broaden reasonable accommodation requirements for pregnancy, childbirth and related medical conditions. Amendments include:
- Specifying coverage for lactation or the need to express breast milk.
- Providing examples of reasonable accommodations (e.g., more frequent paid breaks or bathroom breaks; a private place, other than a bathroom stall, for expressing breast milk; suitable seating). The LEDL previously only required a leave of absence or a temporary transfer to a less-strenuous or less-hazardous job.
- Prohibiting employers from:
- Failing to provide reasonable accommodations, unless an undue hardship exists;
- Taking adverse action against an employee for requesting or using a reasonable accommodation; and
- Requiring an employee to accept an accommodation or to take leave.
- Requiring employers to post and distribute a written notice of rights.
Learn more here.
Limits on Use of Criminal History in Pre-employment Screening
Effective August 1, 2021, Louisiana employers may not request or consider information received in the course of a background check regarding an arrest record or charge that did not result in a conviction when making a hiring decision. When considering other types of criminal history records, employers must make an individual assessment of whether a direct and adverse relationship exists between an applicant's criminal history and the specific duties of the position, considering:
- The nature and gravity of the offense or conduct;
- The time elapsed since the offense, conduct or conviction; and
- The nature of the job sought.
Employers must also make any background check information used in the hiring process available to an applicant upon written request.
New Orleans Prohibits Hairstyle Discrimination
The CROWN Act prohibits employment discrimination in the City of New Orleans based on hairstyles. Under the law, New Orleans employers are prohibited from making employment decisions based on protected cultural hairstyles. New Orleans joins other jurisdictions across the country that have passed similar legislation and protections.
Non-Compete Law Extensions
Effective August 1, 2020, application of the state non-compete agreement is extended to cover partnerships, franchises, corporations and limited liability corporations. In addition, a person who signs a non-compete agreement can be restrained from carrying on or engaging in a similar business within a specific area and for a specified period of time. Currently, the law applies to employees of a business or individuals who sell their interest in a business. It is best practice to consult with an attorney on non-compete agreements.
