Privacy Law Library

Genetic information and privacy in employment

LA Employment Genetic Privacy

Genetic · Employees

Prohibits employment discrimination based on protected genetic information or requests for genetic services, bars employers from requiring, collecting, or buying employees' genetic information (with limited exceptions such as post-offer requests), and restricts disclosure. Genetic information must be kept as a confidential medical record separate from personnel files.

Where
Louisiana
Citation
La. R.S. 23:368
Status
In force
Last amended
2008-07-01
Enforced by
Louisiana Commission on Human Rights; private civil actions under the Louisiana Employment Discrimination Law
People can sue
Yes
Penalties
Remedies available under the Louisiana Employment Discrimination Law (R.S. 23:303), including compensatory damages, back pay, and attorney fees.
Applies to
  • Employers, labor organizations, employment agencies, and joint labor-management apprenticeship or training programs in Louisiana

Practices it requires

  • Do not discharge, refuse to hire, classify, or otherwise discriminate against employees because of protected genetic information or requests for genetic services.La. R.S. 23:368(B)(1)-(2)
  • Do not require, collect, or purchase protected genetic information about an employee, subject to the exceptions in Subsection E.La. R.S. 23:368(B)(3), (E)
  • Do not disclose protected genetic information except to the employee, qualifying researchers, under statute, subpoena, or court order (with notice to the employee), or to investigating officials.La. R.S. 23:368(B)(4)

Security duties

  • Keep genetic information out of general personnel files and treat it as a confidential medical record.La. R.S. 23:368(B)(5)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Enforcement route (Commission on Human Rights and R.S. 23:303 civil suit) is inferred from the structure of Chapter 3-A of Title 23; R.S. 23:303 was not fetched. | Effective date of Acts 2001, No. 330 not confirmed; possibly the 2001 session default (August 15, 2001). | Acts 2023, No. 210 (SB 200) made retaliation for absences for genetic testing an unlawful employment practice; its codification was not checked.

Research reference, not legal advice.