Illegal Interview Questions in Louisiana: What Employers Cannot Ask

Federal law—enforced by the Equal Employment Opportunity Commission (EEOC)—establishes the baseline for permissible interview questions in all U.S. states, including Louisiana. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits questions that discriminate based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (42 U.S.C. § 12111) restricts disability-related inquiries; employers cannot ask about disabilities or medical conditions until after a conditional job offer is made. The Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff) bars questions about genetic information, family medical history, or genetic testing. The Age Discrimination in Employment Act (42 U.S.C. § 623) prohibits age-related questions for applicants 40 and older.

Federal law also restricts questions about arrest records (except in limited circumstances), criminal convictions (with narrow exceptions for job-relatedness and business necessity), sexual orientation, military discharge status, marital or family status, and childcare arrangements. Employers covered by federal law include those with 15 or more employees (Title VII and ADA) or 20 or more employees (ADEA). The EEOC investigates complaints and may pursue enforcement actions, settlements, or litigation. Remedies include back pay, compensatory damages, punitive damages (up to $300,000), reinstatement, and attorney fees.

Louisiana Revised Statutes § 23:301 et seq. establishes the state's employment discrimination law, which covers employers with one or more employees in Louisiana. The state law mirrors federal Title VII protections by prohibiting discrimination based on race, color, religion, sex, national origin, age (40 and older), and disability. Louisiana law does not add separate or stricter interview question restrictions beyond those mandated by federal law; instead, the state law enforces the same protected categories as Title VII and the ADA.

Louisiana does not have a specific state statute explicitly listing prohibited interview questions. The state relies on federal EEOC guidance and Title VII standards. However, Louisiana courts and administrative bodies apply federal precedent to evaluate whether questions are unlawfully discriminatory. Questions that are facially neutral but disproportionately screen out protected groups (disparate impact) may violate both federal and state law under Louisiana § 23:302.

Employers with one or more employees in Louisiana must comply with federal restrictions. Questions about protected characteristics are illegal whether the employer has 1 employee or 100+. Louisiana law extends protection to all employees and job applicants, not just those in large organizations. Unlike some states, Louisiana does not provide additional carve-outs for small employers or specific industries regarding interview questions.

Under Louisiana § 23:303, victims of discriminatory hiring practices may file a charge with the Louisiana Workforce Commission (LWC) or the EEOC. Louisiana law permits state administrative remedies as an alternative to or parallel to federal EEOC processes. Remedies under Louisiana law are similar to federal remedies and include back pay, compensatory damages, and attorney fees. The LWC investigates state charges and may issue findings of discrimination.

Louisiana recognizes several limited exceptions to interview question restrictions, aligned with federal law. An employer may ask disability-related or medical questions after extending a conditional job offer and before the employment start date, provided all candidates for the same position are asked similar questions. Questions about disabilities or medical conditions cannot occur during the interview phase.

Job-related questions are permitted if they are consistent for all candidates and directly relate to essential job functions. For example, an employer may ask about required licenses, physical capabilities for a specific role, or ability to work required hours. However, these questions must be asked neutrally without reference to age, disability, or protected status. If an applicant volunteers information about a protected characteristic, the employer is not liable solely for hearing it, but cannot use it as a basis for hiring decisions.

Criminal history questions are restricted but not absolutely prohibited under federal law (EEOC guidance limits their use), and Louisiana similarly restricts them. An employer may ask about criminal convictions only if the question is job-related and consistent with business necessity, typically for sensitive positions (e.g., financial, childcare, security). However, asking blanket questions about arrests (distinct from convictions) is disfavored under EEOC guidance and Louisiana practice.

Bona fide occupational qualification (BFOQ) exceptions are extremely narrow. An employer cannot claim BFOQ for protected characteristics except in rare circumstances (e.g., age for commercial airline pilots under federal regulation). Employers cannot use BFOQ to justify age, disability, or sex-based interview questions in most Louisiana jobs.

At-will employment does not create an exception. Even in at-will employment, discriminatory hiring practices based on interview questions violate both federal and state law. An employer cannot ask a prohibited question and then claim at-will status as a defense.

Step 1: Document the Interview Question. Write down the exact question asked, the date, time, location, and the interviewer's name. Note your protected characteristic (e.g., age, disability status, marital status) if the question targeted it. Keep copies of job postings, email communications about the interview, and any written materials used. If possible, ask the interviewer to clarify in writing what they meant by the question. Record whether the question was asked of other candidates or only you (this proves discriminatory intent).

Step 2: Attempt Internal Complaint (Optional but Recommended). Contact the employer's HR department or hiring manager in writing. Explain which question was inappropriate and why it violates anti-discrimination law. Request a written response. Document whether the employer acknowledged the complaint and what steps they took. Internal complaints are not required before filing a formal charge but create a record and may prompt corrective action. If the employer retaliates (e.g., rejects your application after the complaint), this strengthens a retaliation claim.

Step 3: File a Charge with the EEOC or Louisiana Workforce Commission. You may file with the EEOC (federal) or LWC (state); both agencies have worksharing agreements. File within 180 days of the alleged discriminatory question. The EEOC office serving Louisiana is located in New Orleans: EEOC New Orleans Area Office, 701 Poydras Street, Suite 1350, New Orleans, LA 70139; phone (504) 589-2329; website www.eeoc.gov. The Louisiana Workforce Commission is located at www.lwc.la.gov. Include your name, contact information, the employer's name and address, the date of the interview, the question asked, your protected characteristic, and why the question was discriminatory. You may file online, by mail, or in person.

Step 4: Investigation and Response Phase. After filing, the EEOC or LWC will send a copy of your charge to the employer. The employer has 30-35 days to respond. The agency investigates by requesting interview records, documentation of questions asked to other candidates, and statements from the interviewer. You will be contacted for additional details. Investigation typically takes 6-12 months. The agency issues a Letter of Determination stating whether there is reasonable cause to believe discrimination occurred. If the agency finds reasonable cause, it may issue a Right-to-Sue letter allowing you to file a civil lawsuit.

Step 5: Consult an Employment Law Attorney. Contact a Louisiana employment attorney if the agency finds reasonable cause or if you did not receive the job and suspect the discriminatory question affected your candidacy. An attorney specializing in employment discrimination can evaluate whether you have a strong civil rights claim, advise on settlement negotiations, and represent you in court if necessary. Many employment attorneys work on contingency (no upfront fees). Consider consulting an attorney even before filing a charge if the circumstances are clear-cut; an attorney can help structure your charge for maximum impact.