Louisiana § RS 23:342 - Unlawful practice by employers prohibited; pregnancy, childbirth, or related medical condition; benefits and leaves of absence; transfer of position

§ RS 23:342. Unlawful practice by employers prohibited; pregnancy, childbirth, or related medical condition; benefits and leaves of absence; transfer of position

            A. It shall be an unlawful employment practice unless based upon a bona fide occupational qualification:

            (1) For any employer, because of the pregnancy, childbirth, or related medical condition of any female employee, to refuse to promote her, or to refuse to select her for a training program leading to promotion, provided she is able to complete the training program at least three months prior to the anticipated date of departure for her pregnancy leave, or to discharge her from employment or from a training program leading to promotion, or to discriminate against her in compensation or in terms, conditions, or privileges of employment.

            (2) For any employer to refuse to allow a female employee affected by pregnancy, childbirth, or related medical conditions either:

            (a) To receive the same benefits or privileges of employment granted by that employer to other persons not so affected who are similar in their ability or inability to work, including to take disability or sick leave or any other accrued leave which is made available by the employer to temporarily disabled employees.

            (b) To take a leave on account of pregnancy for a reasonable period of time. For the purposes of this Subparagraph, "reasonable period of time" means six weeks for a normal pregnancy and childbirth or the period of time during which the female employee is disabled on account of the pregnancy, childbirth, or related medical conditions, provided the period shall not exceed four months. The employee shall be entitled to utilize any accrued annual leave during this period of time. Nothing herein shall be construed to limit the provisions of R.S. 23:341(C) or Subparagraph (a) of this Paragraph. An employer may require any employee who plans to take a leave pursuant to this Section to give the employer reasonable notice of the date such leave shall commence and the estimated duration of such leave.

            (3) For an employer who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant female employee who so requests.

            B. It shall be an unlawful employment practice to:

            (1) Fail or refuse to make reasonable accommodations for an applicant or employee with covered limitations, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer. However, the employer shall not be required to make any of the following provisions, unless the employer does so for other employees or classes of employees who need a reasonable accommodation:

            (a) Create any additional employment opportunity or any new position, including a light duty position for the employee.

            (b) Discharge an employee, transfer any employee with more seniority, or promote another employee who is not qualified to perform the job.

            (2) Deny employment opportunities to a job applicant or existing employee, if the denial is based on the need of the employer to make reasonable accommodations to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions of the applicant for employment or existing employee.

            (3) Require an applicant for employment or an existing employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that the applicant or employee chooses not to accept, if the applicant or employee does not have a known limitation related to pregnancy, childbirth, or related medical conditions, or if the accommodation is unnecessary for the applicant or employee to perform the essential duties of her job.

            (4) Require an employee with covered limitations to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions.

            (5) Take adverse action against an employee with covered limitations in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions.

            C. An employer shall provide written notice of the right to be free from discrimination based on medical needs arising from pregnancy, childbirth, or related medical conditions, known to the employer, as provided in this Section to new employees at the commencement of employment and to existing employees prior to December 1, 2021. The written notice shall be conspicuously posted at an employer's place of business in an area that is accessible to employees.

            Acts 1997, No. 1409, §1, eff. Aug. 1, 1997; Acts 2021, No. 393, §1.