Louisiana Revises Gender Discrimination Notice; Updated EEOC and FLSA Workplace Posters

State Update Overview

In August 2023, the Louisiana Workforce Commission published an updated Gender Discrimination notice providing leave entitlement and procedure information.

Louisiana Gender Discrimination Law Update

• Employers must grant one day’s leave of absence to an employee obtaining genetic testing or preventative cancer screening.
• Employees must provide at least 15 days notice prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt business operations.
• Employees are not required to share the results of genetic testing or a preventative cancer screening with the employer.
• The leave is not required to be paid but the employer shall permit the employee to use accrued vacation or other appropriate leave.
• The definitions of “labor organization”, “medical necessary”, and “preventative cancer screening” have been added.
• An updated phone number and website address for the Louisiana Commission on Human Rights is provided.

Effective June 27, 2023, the new Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The federal Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights: Workplace Discrimination is Illegal” Poster to summarize the new law. 

EEOC “Know Your Rights: Workplace Discrimination is Illegal” Poster Updates

• Illegal employment discrimination on the bases of sex includes childbirth.
• Illegal employment discrimination includes interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation.
• Failure to provide reasonable accommodations for pregnancy, childbirth, or related medical condition can be considered discriminatory.
• Discriminatory employment practice can include conduct that coerces, intimidates, threatens, or interferes with someone exercising their rights, or someone assisting or encouraging someone else to exercise rights, regarding disability discrimination (including accommodation) or pregnancy accommodation.

Effective April 28, 2023, the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) extends the right to receive break time to pump and a private place to pump at work to more nursing employees.  The federal Department of Labor (DOL) revised its “Employee Rights Under the Fair Labor Standards Act” poster to include changes from the new law.

DOL “Employee Rights Under the Fair Labor Standards Act” Poster Updates

• The section titled Nursing Mothers has been changed to Pump at Work.
• The right to break time to express breast milk previously only applied to employees subject to the overtime requirement under the FLSA (non-exempt employees). This reference has been removed.
• The revised poster clearly notes that narrow exemptions may apply to the pump at work requirements.

Louisiana Labor Law Poster Update

All businesses within the State of Louisiana must display the revised “Gender Discrimination”, “Know Your Rights: Workplace Discrimination is Illegal”, and “Employee Rights Under the Fair Labor Standards Act” posters along with other state and federally mandated posting requirements where they are sufficiently accessible and viewable to all employees. These changes have been reflected in our Louisiana & Federal Labor Law Poster and require an immediate mandatory update. Failure to meet compliance requirements and display the updated posters could result in fines.

Order the Louisiana & Federal Labor Law Poster to immediately include these new required state and federal laws.