§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.
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§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.