Employment nondiscrimination laws protect LGBTQ people from being unfairly fired, not hired, or discriminated against in the workplace by private employers.
Employment discrimination based on sexual orientation and gender identity in Louisiana is not explicit or comprehensive statewide. LA’s employment discrimination law does not include sexual orientation or gender identity. Some local governments and private employers in Louisiana have adopted non-discrimination protections for LGBT people, but coverage is incomplete.
The Supreme Court decision in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020) explicitly extends Title VII sex-based employment discrimination protections based on sexual orientation and gender identity.
Under Louisiana Law, LA Rev Stat 23:332 prohibits intentional employment discrimination.
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.
The general rule is that most employees may be fired at any time-for any reason or for no reason at all-under what is known as the at-will employment doctrine. However, there are exceptions to the general rule; the Louisiana whistleblower protection statute. Employees who engage in protected activities (usually filing a complaint or testifying) under laws in the following subject areas are protected from retaliation: health care employees, insurer employees, labor investigations & proceedings, and workers' compensation.
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.