EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Louisiana

Louisiana Employment Discrimination Law and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Louisiana ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Louisiana State Bar Roll Number]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]

Re: Employment Discrimination Claim of [Client Full Name]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / LA. C.E. ART. 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company"). Our client has been subjected to discrimination based on [his/her/their] [protected class] in violation of Louisiana's Employment Discrimination Law (La. R.S. 23:301 et seq.) and federal anti-discrimination statutes.

Please direct all further communications regarding this matter to our office.

I. LOUISIANA LEGAL FRAMEWORK

A. Louisiana Employment Discrimination Law (La. R.S. 23:301 et seq.)

Louisiana provides basic employment discrimination protections. Louisiana is a deferral state but notably does NOT require administrative exhaustion for state claims.

Coverage:
- Private employers with 20 or more employees (same as federal ADEA)
- State and local government employers

Protected Classes Under Louisiana Law:

Note: Louisiana does NOT protect sexual orientation or gender identity under state law.

B. Key Louisiana-Specific Features

1. No Administrative Exhaustion:
- Louisiana state claims do NOT require filing with any agency first
- Can file directly in state court within 1 year

2. Limited Remedies Under State Law:
- Back pay available
- No compensatory or punitive damages for intentional discrimination under state statute
- Federal claims essential for full damages

3. Unique Protection:
- Sickle cell trait explicitly protected

C. Administrative Exhaustion Requirements

Louisiana State Claims:

Louisiana Commission on Human Rights (LCHR):
- Exists but has limited enforcement authority
- Filing with LCHR is optional

EEOC Filing (Federal Claims):

EEOC New Orleans District Office:
- 1555 Poydras Street, Suite 1900
- New Orleans, LA 70112
- Phone: (800) 669-4000

II. PROTECTED CLASS STATUS

A. Client's Protected Class

Our client is a member of the following protected class(es):

[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] Religion: [Specify]
[ ] Sex: [Specify]
[ ] National Origin: [Specify]
[ ] Age: [Specify - must be 40 or older]
[ ] Disability: [Specify condition]
[ ] Pregnancy/Childbirth: [Specify]
[ ] Genetic Information: [Specify]
[ ] Sickle Cell Trait: [Specify]

B. Evidence of Protected Class Status

[Describe documentation or evidence establishing membership in the protected class]

III. FACTUAL BACKGROUND

A. Employment Relationship

B. Summary of Discriminatory Conduct

Our client was subjected to the following adverse employment action(s):

[ ] Failure to Hire: [Describe]
[ ] Termination: [Describe]
[ ] Demotion: [Describe]
[ ] Failure to Promote: [Describe]
[ ] Hostile Work Environment: [Describe]
[ ] Unequal Pay: [Describe]
[ ] Denial of Accommodation: [Describe]
[ ] Retaliation: [Describe]

C. Timeline of Events

D. Discriminatory Intent / Disparate Treatment

[Describe direct and circumstantial evidence of discrimination]

IV. LEGAL CLAIMS

A. Violation of Louisiana Employment Discrimination Law (La. R.S. 23:332)

[Company Short Name] violated Louisiana law by discriminating against our client based on [his/her/their] [protected class]. Under La. R.S. 23:332, it is an unlawful employment practice:

"for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, or his terms, conditions, or privileges of employment, because of the individual's race, color, religion, sex, or national origin."

B. Violation of Louisiana Pregnancy Discrimination Law (La. R.S. 23:342)

[If applicable:] [Company Short Name] discriminated against our client based on pregnancy, childbirth, or related medical conditions.

C. Federal Claims (Title VII / ADEA / ADA)

Our client asserts federal discrimination claims to access compensatory and punitive damages not available under Louisiana state law.

V. DAMAGES

A. Economic Damages

B. Compensatory Damages (Federal Claims Only)

Note: Louisiana state law provides limited compensatory damages.

Compensatory Damages: $[Amount]

C. Punitive Damages (Federal Claims Only)

Title VII Damage Caps:

Punitive Damages: $[Amount]

D. Attorney's Fees and Costs

Estimated Fees and Costs: $[Amount]

E. Summary of Damages

VI. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims.

This demand will remain open for twenty-one (21) calendar days, expiring on [Response Deadline Date].

VII. ADMINISTRATIVE STATUS AND LITIGATION POSTURE

A. Agency Filing Status

[ ] EEOC Charge filed on [Date] — Charge No. [Number]
[ ] Right to Sue letter received on [Date]
[ ] No state agency filing required — direct court filing available

B. Litigation Venue

[ ] Louisiana District Court, [Parish] Parish
[ ] United States District Court for the [Eastern/Middle/Western] District of Louisiana

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Louisiana Bar Roll No.]

cc: [Client Name]

LOUISIANA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key Louisiana Considerations

[ ] No Administrative Exhaustion: State claims can be filed directly in court

[ ] 1-Year Deadline: State claim SOL is 1 year from discriminatory act

[ ] Limited State Remedies: Back pay primarily; limited compensatory/punitive

[ ] Federal Claims Essential: For full damages, pursue federal claims

[ ] Sickle Cell Trait: Unique Louisiana protection

[ ] No Sexual Orientation/Gender Identity: Not protected under state law

[ ] Parish vs. County: Louisiana uses parishes, not counties

Agency Contact Information

EEOC New Orleans District Office:
- 1555 Poydras Street, Suite 1900
- New Orleans, LA 70112
- Phone: (800) 669-4000

Louisiana Commission on Human Rights:
- 1001 N. 23rd Street, Suite 268
- Baton Rouge, LA 70802
- Phone: (225) 342-6969

Statute of Limitations