Louisiana Labor Law
Louisiana labor law prohibits employers for discriminating against female employees for reasons of pregnancy, childbirth, or related medical condition. This means that an employer must not refuse to select her for such things as a training program that could lead to promotion. However, the employee must be able to complete the training program at least three months prior to her anticipated leave for that condition. In addition, the employee is also protected against being discharged, a lower compensation or any other terms or privileges of employment solely based on her condition. The bottom line is to treat everyone the same based on their skills and abilities. If a female employee that is pregnant is not performing for other reasons, it is important to document that performance or behavior when it happens. On the other side of that coin if the performance or behavior was being allowed before the pregnancy then you will find yourself in big trouble if you take action after. This law applies to employers with 25 of more employees, and numerous other organizations and agencies.
The Louisiana labor law follows the Federal; Equal Employment Opportunity Commission (EEOC) as it relates to employment discrimination for other discriminatory practices for reasons on color, religion, race, national origin, sex, pregnancy, childbirth or other related medical conditions, age for those over forty year of age, genetic or disability information. This includes any form of harassment as well. It is illegal for an employer to deny a reasonable workplace accommodation that the employee needs because of religious beliefs or a disability. It is also illegal for an employer to take action because an employee filed a discrimination claim or assisted in an investigation that involved a claim of employee discrimination. My advice if you are not sure is to contact a Louisiana labor law attorney to confirm you are not in jeopardy of violating the law. It will be much less expensive paying for the attorney up front than trying to defend your illegal actions later.
One of those reasons would be if the employee is working under a collective bargaining agreement…
There are many great Good Leadership Skills software programs that will work very well to produce a legal and informative employee handbook that includes all Louisiana labor law laws. Of course that same software will help with all the policies that pertain to the federal employment laws. Having an employee handbook goes a long way to making sure that your employees are familiar with your businesses policies and rules. As an example, having a written policy that states the employee’s protection against discrimination will help protect your company if the employee files a discrimination claim. Now of course if you are clearly violating your own policy you will have to face the music. On the other hand if you have a policy that you are following regarding progressive discipline against an employee that happens to be pregnant then it most likely will help.
Louisiana labor law reflects an “Employment at Will” position. This means that both the employer and employee are permitted to end their relationship at any time. There are some exceptions to this position however. One of those reasons would be if the employee is working under a collective bargaining agreement, generally created by a Union Contract. Another reason would be if the employee and the employer have an independent contract which holds them to a set amount of time they both must maintain their employment relationship. The final reason would be one that we covered earlier and that is that an employer is not permitted to take any employment action based on discrimination. An employment action would be anything from hiring and firing to offering training, discipline, advancement, etc.
Some would say that if your employee handbook speaks about such things as a disciplinary program it infers a promise to employ…
One of the problems with having an employee handbook and the “Employment at Will” clause is that some would say that it will take that clause away. Some would say that if your employee handbook speaks about such things as a disciplinary program it infers a promise to employ unless an employee violates a policy or rule. I would consult with a Louisiana labor law Attorney to check into this; however, I believe that the language you use in an employee handbook makes the difference. They have some very good Good Leadership Skills software that are pre-written and are very much aware of this topic. You be the judge though.
Thank you and may God bless you!
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