Retaliation claims for other types of discrimination complaints are not covered under the Louisiana Employment Discrimination Law. Under La. Rev. Stat. § 23:967 General Whistleblower Protection Law an employee may not be discharged (or discriminated against) in retaliation for performing, in good faith, the following activities:
Disclosing (or threatening to disclose) a workplace act or practice that violates state law;
Providing information or testimony in a public investigation, hearing, or inquiry into any violation of the law;
Refusing to participate in (or objecting to) an illegal employment act.
To be protected under this statute, the employee must first inform the employer of the violation. An employee is not protected if he goes directly to a governmental agency without first advising the employer. Also, an employee must be certain that the illegal conduct actually happened; a reasonable, good faith belief will not protect an employee if no violation actually occurred.
Additionally, the following status explicitly prohibit retaliation in employment discrimination based on age or sickle-cell trait:
- LA Rev. Stat. Sec. 23:312(D) Louisiana state laws explicitly prohibits retaliation against employees who file discrimination complaints based on age (age 40 or older).
- LA Rev. Stat. Sec. 23:352(D) State law explicitly prohibits retaliation against employees who file discrimination complaints based sickle-cell trait.
In addition to the above state protections, federal law provides workers with additional protections. Furthermore, a private contract or collective bargaining agreement may also protect employees from certain forms of retaliation.