7.2.2 Race, Color, Gender, Sexual Orientation, Religion, and National Origin

7.2.2 Race, Color, Gender, Sexual Orientation, Religion, and National Origin aetrahan Mon, 11/21/2022 - 11:24

Title VII of the Civil Rights Act of 1964 prohibits discrimination because of a person’s race, color, sex (including sexual orientation), religion or national origin in many aspects of the employment relationship, including pre-hiring procedures, working conditions, performance reviews, post-employment references, harassment on the job, and retaliation. Whether an employer is covered depends on the type of employer and other factors.1  A claim may also be raised under sections 1981 and 1983 of the Civil Rights Act of 18662  and the later addition, 42 U.S.C. § 1981a.

The Pregnancy Discrimination Act amended Title VII to protect employees and job applicants from discrimination in any aspect of employment based on pregnancy, childbirth, or any related medical condition. In essence, this law prohibits taking adverse employment actions solely because of pregnancy or treating covered workers differently from others with temporary health issues.

Louisiana’s Employment Discrimination Law may also provide a cause of action to your client aggrieved by any of these types of discrimination.3  The law generally covers employment agencies, labor organizations, and public and private employers with 20 or more employees, but there are broad exemptions. There is no provision prohibiting retaliation, and plaintiffs found to have pursued “frivolous” claims may be held liable for damages, costs, and attorney fees. Administration exhaustion is not required, and the 1-year prescriptive period is subject to suspension for limited periods of investigation by the EEOC or LCHR.

In the case of “pregnancy, childbirth and related medical conditions,” the statute covers public and larger private employers and prohibits employment discrimination because of these conditions unless based on a “bona fide occupational qualification.” It also requires state employers to provide leave for up to four months.