Louisiana

Civil Rights Act of 1991 in Louisiana Law

How Civil Rights Act of 1991 applies in Louisiana: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

Louisiana law aligns with the Civil Rights Act of 1991 in protecting employees against discrimination based on race, color, religion, sex, or national origin, but also emphasizes additional protections under state anti-discrimination statutes. The Louisiana Employment Discrimination Law (LEDL) offers broader coverage, including protections for sexual orientation.

State Rule
The Louisiana Employment Discrimination Law (La. R.S. 23:332) prohibits employment discrimination based on race, color, religion, sex, national origin, age, disability, and other protected categories, aligning with the federal standards of the Act.
Significant State Cases

Broussard v. B C S Enterprises, Inc.

The court held that employment discrimination claims based on sexual orientation fell under the LEDL's protections, affirming the importance of state law in expanding federal protections.

Parker v. New Orleans Saints

The court ruled that the plaintiff established a prima facie case of racial discrimination, highlighting the necessity for employers to provide valid non-discriminatory reasons for adverse employment decisions.

McCoy v. New Orleans Public Service, Inc.

The court confirmed that retaliation against employees who complain about discrimination is prohibited under both state and federal law.

Comparison to Federal Law

Louisiana's approach under the LEDL expands upon the protections of the Civil Rights Act of 1991 by including additional categories such as age and sexual orientation. However, like the federal standard, it requires plaintiffs to demonstrate discriminatory intent and offers similar procedural requirements for filing claims.

Bar Exam Note

The Civil Rights Act of 1991 and its application through Louisiana law may appear on the Louisiana bar exam in both the Civil Procedure and Employment Law sections.

Practice Pointers
  • Always ensure compliance with both federal and state laws regarding employment discrimination.
  • Document all employment decisions meticulously to provide evidence in case of discrimination claims.
  • Stay updated on changes to both the LEDL and federal employment laws as they can influence case outcomes.

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