How to File a Workplace Discrimination Claim in Louisiana: EEOC vs. LCHR

Experiencing discrimination at work based on your race, gender, age, or disability can be deeply distressing. Many employees in Louisiana believe their first step is to march straight to the courthouse and file a lawsuit against their employer. However, under federal civil rights laws, you must complete an administrative process first, known as the 'exhaustion of administrative remedies,' by filing a formal complaint before a federal judge will hear your lawsuit. By contrast, claims under the Louisiana Employment Discrimination Law (LEDL) do not require administrative filing under La. Rev. Stat. § 23:303, requiring only written notice to the employer at least 30 days prior to initiating court action pursuant to La. Rev. Stat. § 23:303(C).

Navigating the complex bureaucratic web of state and federal agencies can feel overwhelming. A single mistake on your intake questionnaire can jeopardize your entire claim. If you need professional guidance, you can always browse our US Lawyers directory to find an experienced local employment attorney. Below is a clear, step-by-step explanation of how the discrimination filing process works in Louisiana.

Step-by-Step Process in Louisiana

In Louisiana, you have two primary government agencies that handle discrimination complaints: the federal government and the state government. Depending on where you live-whether in New Orleans, Baton Rouge, or Shreveport-the process generally begins with choosing the correct agency and submitting your initial inquiry.

Choosing Between the EEOC and the LCHR

You can file your claim with either the federal agency, the Equal Employment Opportunity Commission, New Orleans (EEOC), or the state agency, the Louisiana Commission on Human Rights, Baton Rouge (LCHR). Fortunately, these two agencies have a 'work-sharing agreement.' This means they cooperate closely. When you file a claim with the EEOC, you can request that it be 'cross-filed' with the LCHR, and vice versa. Cross-filing ensures your rights are protected under both federal laws, like the 42 U.S.C. § 2000e-5, and state laws, like the Louisiana Employment Discrimination Law (LEDL), found in La. Rev. Stat. § 23:301.

Filing Deadlines: 300 Days vs. 1 Year

Missing your deadline is the easiest way to lose your case before it even begins. If you are filing a federal claim with the EEOC in Louisiana, you generally have exactly 300 days from the date the discriminatory act occurred to file your formal charge. To initiate this, you will eventually sign a formal Form 5, FED, EEOC, Charge of Discrimination.

If you are pursuing a state claim under the LEDL pursuant to La. Rev. Stat. § 23:303, Louisiana law provides a one-year prescriptive period to file your lawsuit in state district court. Filing an administrative charge with the EEOC or LCHR suspends this one-year period under La. Rev. Stat. § 23:303(D), but that suspension cannot exceed six months. Because administrative exhaustion is not mandatory for state claims, waiting too long for an agency determination can jeopardize your state-law window if the six-month extension expires. Understanding these overlapping timelines is precisely why consulting a lawyer early is vital.

What Happens During the Investigation Phase

Once your charge is filed, the agency will notify your employer. The employer will be asked to submit a formal response, known as a Position Statement. During the investigation phase, the EEOC or LCHR investigator will review documents, interview witnesses, and evaluate the evidence. In many cases, the agency will offer both parties the chance to participate in voluntary mediation. Mediation is a confidential meeting where a neutral mediator tries to help you and your employer reach a financial settlement without going to court.

How to Obtain a Right to Sue Letter

Government agencies receive thousands of complaints every year, and they only have the resources to file lawsuits in a very small fraction of cases. In most situations, once the investigation is concluded, the EEOC or LCHR will dismiss the charge and issue you a 'Dismissal and Notice of Rights' document, commonly called a Right to Sue letter. Receiving this letter does not mean your case is weak; it simply means the agency has finished its administrative process. Once you have this letter in hand, the doors to the courthouse are officially open to you.

How Much Does it Cost in Louisiana?

Filing the administrative charge itself is entirely free.

How Long Does the Process Take?

The administrative exhaustion process is not fast. From the moment you submit your initial inquiry online to the day you receive your Right to Sue letter, the EEOC or LCHR investigation can take anywhere from 6 to 10 months. If you choose to participate in mediation, the process might resolve faster, often within 3 to 5 months. It is important to remain patient and keep meticulous records while you wait for the agency to complete its work.

Frequently Asked Questions (FAQ)