§38.1. Prohibition against discrimination in employment of members of Armed Forces
Reserve or Louisiana state military forces
A. No person who is a member of a reserve component of the Armed Forces of the
United States or who is a member of the military forces of this state, including the Louisiana
National Guard or Louisiana State Guard shall be denied employment, retention in
employment or any promotion or other advantage of employment because of any obligation
as a member of such reserve component or the military forces of this state.
B. In the event any employer or his successor fails or refuses to comply with the
provisions of this Section, mandamus proceedings may be instituted in the district court of
the parish in which the employer or his successor maintains a place of business, specifically
to require such employer or his successor to comply with such provisions and to compensate
such person for any loss of wages or benefits suffered by reason of such employer's actions.
Upon application to the district attorney of the parish in which the employer or his successor
maintains a place of business, by any person claiming to be entitled to the benefits of such
provisions, the district attorney, if reasonably satisfied that the person so applying is entitled
to such benefits, shall appear and act as attorney for such person in the amicable adjustment
of the claim or in the filing of an appropriate pleading and the prosecution thereof
specifically to require the employer or his successor to comply with the provisions. No fees
or court costs shall be taxed against any person who may apply for such benefits. The
employer or his successor shall be deemed the only necessary party defendant to any such
action.
Acts 1987, No. 918, §1, eff. July 20, 1987; Acts 2025, No. 242, §1.