Louisiana
Verified February 2026Louisiana Employment Discrimination Law
La. Rev. Stat. §§ 23:301–23:369
Louisiana does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in Louisiana, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours.
Louisiana’s Employment Discrimination Law (La. Rev. Stat. §§ 23:301–23:369) prohibits employment discrimination based on race, color, religion, sex, disability, and national origin. However, this law applies only to employers with 20 or more employees – a higher threshold than the federal ADA’s 15-employee requirement. This means workers at companies with 15–19 employees have federal ADA protection but not state-level protection. Pregnancy discrimination is addressed separately and applies to employers with 25 or more employees.
The Louisiana Commission on Human Rights (LCHR) exists as a state agency but has a primarily advisory role with limited enforcement powers. Unlike agencies in many other states, the LCHR cannot conduct binding investigations or issue enforceable orders. As a result, most employment discrimination cases in Louisiana are resolved through direct lawsuits in state or federal court, or through the federal EEOC. Louisiana does have a work-sharing agreement with the EEOC, which extends the EEOC filing deadline to 300 days.
Despite lacking a state leave law and having higher employer thresholds for state anti-discrimination protections, Louisiana workers still have meaningful rights through federal law. The FMLA, ADA, and Title VII provide the core protections for most workers. Understanding the differences between state and federal thresholds is important for determining which protections apply to your situation.
Employer Size
20+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Louisiana does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: Louisiana's Employment Discrimination Law has a higher threshold than federal law, covering employers with 20 or more employees (vs. the federal ADA's 15). Pregnancy discrimination is covered separately for employers with 25+ employees. The Louisiana Commission on Human Rights (LCHR) has limited enforcement powers.
Additional Protections
Louisiana Workers’ Compensation
Covers workplace injuries for most employers. Mental injuries caused by physical workplace injuries may be compensable. Mental-only claims (without physical injury) require proof of sudden, unexpected, and extraordinary stress-related events.
La. Rev. Stat. § 23:1021 et seq.
1. Request FMLA Leave (Federal)
Since Louisiana has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Discrimination Complaint
- Verify your employer has 20+ employees (Louisiana state law threshold) or 15+ employees (federal ADA threshold).
- File a charge with the EEOC New Orleans Field Office within 300 days of the discriminatory act (extended deadline due to LCHR work-sharing agreement).
- Alternatively, file a complaint with the Louisiana Commission on Human Rights, which will cross-file with the EEOC.
- You may also file a lawsuit directly in Louisiana state court under state employment discrimination law.
Note: Because the LCHR has limited enforcement authority, filing directly with the EEOC or pursuing a state court lawsuit is often the most effective approach for Louisiana workers.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination complaint with the Louisiana Commission on Human Rights
- 300 days - Deadline to file with the federal EEOC (extended because LCHR exists as a qualifying state agency)
- 30 days - Workers’ comp injury must be reported to employer
- 1 year - Prescription (statute of limitations) for intentional employment discrimination claims under Louisiana state law
Official Resources
Frequently Asked Questions
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