Louisiana Civil Rights Petition (Employment Discrimination — LEDL)

PETITION FOR DAMAGES — EMPLOYMENT DISCRIMINATION (LOUISIANA)

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Administrative Exhaustion and Pre-Suit Notice
4. Factual Allegations
5. Count I — Discrimination Under the Louisiana Employment Discrimination Law
6. Count II — Retaliation Under La. R.S. § 51:2256
7. Count III — Title VII (Federal Parallel Count)
8. Count IV — 42 U.S.C. § 1981 (Race) / ADA / ADEA (As Applicable)
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Reservation of Rights
13. Verification
14. Signature and Service
15. Certificate of Service
16. Louisiana Practice Notes
17. Sources and References

1. CAPTION

[JUDICIAL DISTRICT NUMBER] JUDICIAL DISTRICT COURT

PARISH OF [PARISH NAME]

STATE OF LOUISIANA

DOCKET NO. [________________________________]

DIVISION [____]

PETITION FOR DAMAGES — EMPLOYMENT DISCRIMINATION

NOW INTO COURT, through undersigned counsel, comes Petitioner [PETITIONER NAME], who, with respect, represents:

2. PARTIES, JURISDICTION, AND VENUE

1.

Petitioner [PETITIONER NAME] is a person of the full age of majority and a domiciliary of the Parish of [PARISH], State of Louisiana, and was at all relevant times an employee of Respondent [EMPLOYER] within the meaning of La. R.S. § 23:302.

2.

Respondent [EMPLOYER] is a [corporation / limited liability company / partnership / sole proprietorship] organized under the laws of [STATE], authorized to do and doing business in the Parish of [PARISH], State of Louisiana, and may be served through its registered agent for service of process: [REGISTERED AGENT NAME AND ADDRESS].

3.

At all relevant times, Respondent [EMPLOYER] employed twenty (20) or more employees within Louisiana for each working day in each of twenty (20) or more calendar weeks in the current and/or preceding calendar year, and is therefore an "employer" subject to the Louisiana Employment Discrimination Law, La. R.S. § 23:301 et seq.

4.

Respondent [INDIVIDUAL RESPONDENT, if any] is a person of the full age of majority and, at all relevant times, was a [SUPERVISOR / MANAGER / OFFICER] of Respondent [EMPLOYER] acting within the course and scope of his/her employment.

5.

This Court has subject-matter jurisdiction over this action pursuant to La. Const. art. V, § 16, and La. R.S. § 23:303(A) (authorizing suit in district court).

6.

Venue is proper in the Parish of [PARISH] pursuant to La. C.C.P. art. 42 (defendant's domicile/registered office) and/or art. 74 (delict — parish in which the wrongful conduct occurred or in which the damages were sustained).

3. ADMINISTRATIVE EXHAUSTION AND PRE-SUIT NOTICE

7.

On or about [DATE], Petitioner timely filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission ("EEOC"), Charge No. [CHARGE NUMBER], which was dual-filed with the Louisiana Commission on Human Rights ("LCHR") pursuant to the EEOC/LCHR work-sharing agreement.

8.

On or about [DATE], the EEOC issued a Notice of Right to Sue, a true and correct copy of which is attached hereto as Exhibit A and incorporated by reference. This Petition is filed within ninety (90) days of Petitioner's receipt of that Notice.

9.

Pursuant to La. R.S. § 23:303(C), Petitioner gave Respondent written notice of the alleged discrimination, with detail, on [DATE] — at least thirty (30) days before the filing of this Petition — and made a good-faith effort to resolve the dispute. A copy of that notice is attached as Exhibit B. Respondent [describe response, or "did not meaningfully respond"].

10.

The one-year prescriptive period under La. R.S. § 23:303(D) has been suspended during the pendency of the EEOC/LCHR investigation (not to exceed six months) and this Petition is filed timely within that period as suspended.

4. FACTUAL ALLEGATIONS

11.

Petitioner was hired by Respondent on or about [DATE] as a [POSITION TITLE] at Respondent's [LOCATION] facility.

12.

At all relevant times, Petitioner performed his/her job duties competently and met or exceeded Respondent's legitimate performance expectations, as reflected in performance reviews dated [DATES] rating Petitioner [RATING].

13.

Petitioner is a member of a protected class under the LEDL by virtue of being [describe — e.g., African-American (race), female (sex), age 50+ (age), having a qualifying disability (disability), pregnant (pregnancy), of [NATIONAL ORIGIN] origin, etc.].

14.

Beginning on or about [DATE], Petitioner was subjected to a pattern of discriminatory treatment by Respondent including, without limitation, the following:

• [DESCRIBE SPECIFIC ADVERSE ACTION 1, with date and decisionmaker];
• [DESCRIBE SPECIFIC ADVERSE ACTION 2];
• [DESCRIBE COMPARATOR — similarly situated employees outside the protected class who were treated more favorably];
• [DESCRIBE DISCRIMINATORY REMARKS, slurs, jokes, or animus statements with speaker, date, and witnesses].

15.

On or about [DATE], Petitioner reported the discrimination to [HR / SUPERVISOR / HOTLINE]. Respondent failed to investigate adequately, failed to take prompt remedial action, and instead [describe retaliatory response].

16.

On or about [DATE], Respondent [terminated / demoted / disciplined / constructively discharged] Petitioner. Respondent's stated reason — [STATED REASON] — is pretextual, as demonstrated by [evidence of pretext: shifting explanations, comparator evidence, temporal proximity, departure from policy, statistical disparities, etc.].

17.

The actions taken against Petitioner were motivated, in whole or in significant part, by Petitioner's [protected characteristic] and constitute intentional discrimination.

5. COUNT I — DISCRIMINATION UNDER THE LOUISIANA EMPLOYMENT DISCRIMINATION LAW

(La. R.S. §§ 23:301 et seq., 23:332)

18.

Petitioner re-alleges and incorporates Articles 1 through 17 as though set forth fully herein.

19.

Respondent is an "employer" within the meaning of La. R.S. § 23:302 and is subject to the LEDL.

20.

Petitioner is a member of a class protected by La. R.S. § 23:332 (race, color, religion, sex, national origin, military status, or natural/protective/cultural hairstyle) [and/or § 23:312 (age 40+) and/or § 23:323 (disability) and/or § 23:341 (pregnancy)].

21.

Respondent intentionally discriminated against Petitioner with respect to the terms, conditions, or privileges of employment because of Petitioner's protected characteristic, in violation of La. R.S. § 23:332(A).

22.

Respondent's discriminatory acts caused Petitioner damages including back pay, lost benefits, lost future earnings, mental anguish, humiliation, embarrassment, and loss of enjoyment of life.

23.

Pursuant to La. R.S. § 23:303(A), Petitioner is entitled to recover compensatory damages, back pay, benefits, reinstatement, or front pay where reinstatement is impracticable, reasonable attorney's fees, and court costs.

6. COUNT II — RETALIATION UNDER LA. R.S. § 51:2256

24.

Petitioner re-alleges and incorporates Articles 1 through 23.

25.

Petitioner engaged in protected activity by [opposing discrimination / filing an internal complaint / filing the EEOC/LCHR charge / participating in an investigation] on or about [DATE].

26.

Respondent had actual knowledge of Petitioner's protected activity.

27.

Following — and because of — Petitioner's protected activity, Respondent subjected Petitioner to materially adverse employment action(s) including [describe — termination, demotion, denial of promotion, hostile work environment, etc.].

28.

A causal connection between Petitioner's protected activity and Respondent's adverse action is established by [temporal proximity, comparator evidence, deviation from policy, retaliatory animus statements, etc.].

29.

Respondent's conduct violates La. R.S. § 51:2256, which prohibits retaliation against any person who has opposed any practice declared unlawful or has filed a complaint, testified, assisted, or participated in any proceeding under Chapter 38.

7. COUNT III — TITLE VII (FEDERAL PARALLEL COUNT)

(42 U.S.C. § 2000e et seq.)

30.

Petitioner re-alleges and incorporates Articles 1 through 29.

31.

Respondent is an "employer" within the meaning of 42 U.S.C. § 2000e(b) (15 or more employees).

32.

Respondent intentionally discriminated against Petitioner because of Petitioner's [race / color / religion / sex (including sexual orientation and gender identity per Bostock v. Clayton County, 140 S. Ct. 1731 (2020)) / national origin] in violation of 42 U.S.C. § 2000e-2(a).

33.

To the extent Petitioner alleges discrimination based on sexual orientation or gender identity, such conduct constitutes "sex" discrimination under Title VII per Bostock v. Clayton County, 140 S. Ct. 1731 (2020), even though Louisiana's LEDL does not enumerate sexual orientation or gender identity as protected classes.

34.

Petitioner has satisfied all conditions precedent to suit under Title VII, including timely filing an EEOC charge and timely filing this Petition within ninety (90) days of receipt of the Right to Sue Notice.

35.

Pursuant to 42 U.S.C. § 2000e-5(g) and § 1981a, Petitioner is entitled to compensatory damages, punitive damages (subject to the caps in 42 U.S.C. § 1981a(b)(3)), back pay, front pay, reinstatement, attorney's fees, expert fees, and costs.

8. COUNT IV — 42 U.S.C. § 1981 (RACE) / ADA / ADEA (AS APPLICABLE)

36.

Petitioner re-alleges and incorporates Articles 1 through 35.

37.

[For race claims]: Respondent's intentional racial discrimination in the making, performance, modification, and termination of Petitioner's employment contract violates 42 U.S.C. § 1981. § 1981 provides for compensatory and punitive damages without statutory cap.

38.

[For disability claims]: Respondent discriminated against Petitioner because of Petitioner's qualifying disability and/or failed to provide reasonable accommodation, in violation of 42 U.S.C. § 12112.

39.

[For age claims]: Petitioner was age forty (40) or older at the relevant times, and Respondent's adverse action was taken because of Petitioner's age, in violation of 29 U.S.C. § 623(a). Liquidated damages are sought for willful violations under 29 U.S.C. § 626(b).

9. DAMAGES

40.

As a direct and proximate result of Respondents' unlawful conduct, Petitioner has sustained, and continues to sustain, the following damages:

• a. Economic damages: lost wages and back pay; lost benefits including health insurance, retirement contributions, and bonuses; lost future earnings/front pay; out-of-pocket medical and counseling expenses; and job-search expenses.
• b. Non-economic damages: mental anguish, emotional distress, humiliation, embarrassment, damage to reputation, loss of professional standing, and loss of enjoyment of life.
• c. Federal-law punitive damages: punitive damages under 42 U.S.C. § 1981a (Title VII/ADA, subject to statutory caps) and 42 U.S.C. § 1981 (race), if applicable, for Respondents' malicious or reckless indifference to Petitioner's federally protected rights.
• d. Liquidated damages: under the ADEA for willful violations, 29 U.S.C. § 626(b), if applicable.
• e. Attorney's fees and costs: under La. R.S. § 23:303(A), 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, 42 U.S.C. § 12205, and 29 U.S.C. § 626(b).
• f. Pre-judgment and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner [PETITIONER NAME] prays that:

• A. This Petition be deemed good and sufficient;
• B. Respondent [EMPLOYER] be served with citation and copy of this Petition and required to answer within the delays provided by law;
• C. After due proceedings had, judgment be entered in Petitioner's favor and against Respondents, jointly and in solido, for:
  1. Compensatory damages in an amount to be determined by the trier of fact, including back pay, lost benefits, front pay, and damages for mental anguish, humiliation, and emotional distress;
  2. Punitive damages under federal law (Title VII, § 1981, ADA) in an amount to be determined by the trier of fact, subject to applicable statutory caps;
  3. Liquidated damages under the ADEA, if applicable;
  4. Reinstatement to Petitioner's former position or, if reinstatement is not feasible, front pay in an appropriate amount;
  5. Reasonable attorney's fees and litigation costs under La. R.S. § 23:303(A), 42 U.S.C. § 1988, 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 12205, and 29 U.S.C. § 626(b);
  6. Pre-judgment and post-judgment legal interest;
  7. Such other equitable relief as is just and proper, including injunctive relief barring further discrimination and requiring Respondent to implement remedial training and policies;
• D. All costs of these proceedings; and
• E. All general and equitable relief.

11. DEMAND FOR TRIAL BY JURY

Pursuant to La. C.C.P. arts. 1731 and 1733, and Fed. R. Civ. P. 38 (should this matter be removed), Petitioner hereby requests trial by jury on all issues so triable. Petitioner stipulates that the amount in controversy exceeds the jurisdictional minimum for jury trial under La. C.C.P. art. 1732 (currently $50,000, exclusive of interest and costs).

12. RESERVATION OF RIGHTS

Petitioner reserves the right to amend or supplement this Petition pursuant to La. C.C.P. arts. 1151 and 1155 to add additional claims, parties, or factual allegations as discovery may reveal.

13. VERIFICATION

STATE OF LOUISIANA

PARISH OF [PARISH]

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the Parish and State aforesaid, personally came and appeared [PETITIONER NAME], who, after being duly sworn, did depose and say that he/she is the Petitioner in the above-captioned matter; that he/she has read the foregoing Petition; and that the facts and allegations contained therein are true and correct to the best of his/her knowledge, information, and belief.

[________________________________]

[PETITIONER NAME], Petitioner

SWORN TO AND SUBSCRIBED before me this [____] day of [_______________], 20[____].

[________________________________]

NOTARY PUBLIC

(Printed Name): [_______________]

Bar/Notary No.: [_______________]

My commission expires: [_______________]

14. SIGNATURE AND SERVICE

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME] (La. Bar Roll No. [####])

Counsel for Petitioner

[STREET ADDRESS]

[CITY, LOUISIANA, ZIP]

Telephone: [NUMBER]

Facsimile: [NUMBER]

Email: [EMAIL]

PLEASE SERVE:

Respondent [EMPLOYER NAME]

Through its registered agent for service of process:

[REGISTERED AGENT NAME]

[REGISTERED AGENT ADDRESS]

Respondent [INDIVIDUAL RESPONDENT, if any]

[ADDRESS]

15. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [____] day of [_______________], 20[____], a true and correct copy of the foregoing Petition was served upon all counsel of record by [email / U.S. mail, postage prepaid / hand delivery / facsimile] at their last known addresses.

[________________________________]

[ATTORNEY NAME]

16. LOUISIANA PRACTICE NOTES

• Civil-law procedure. Louisiana is the only U.S. civil-law jurisdiction. The Louisiana Code of Civil Procedure (La. C.C.P.) governs, not the Federal Rules of Civil Procedure or other states' Rules of Civil Procedure. The initial pleading is a "Petition," parties are "Petitioner" and "Respondent" (or "Plaintiff/Defendant" — both acceptable), and counties are "parishes." Trial courts of general jurisdiction are "District Courts," numbered by judicial district.
• Fact pleading, not notice pleading. La. C.C.P. arts. 854 and 891 require pleadings to set forth a "short, clear, and concise statement of all causes of action arising out of, and of the material facts of, the transaction or occurrence that is the subject matter of the litigation." This is more demanding than federal Rule 8 notice pleading; conclusory allegations risk dismissal on exception of no cause of action.
• LEDL employer threshold. 20 employees in Louisiana for 20 weeks (current or preceding year) under § 23:302. Pregnancy claims under § 23:341 require more than 25 employees. Title VII threshold is 15, ADEA is 20, ADA is 15 — federal counts may be available even when state counts are not.
• No state SO/GI protection. The LEDL does NOT cover sexual orientation or gender identity. Plead these claims under Title VII per Bostock v. Clayton County, 140 S. Ct. 1731 (2020). Several Louisiana municipalities (New Orleans, Shreveport, Baton Rouge, Lafayette, Alexandria) have local non-discrimination ordinances with broader coverage — consider parallel local-ordinance counts where the conduct occurred in those jurisdictions.
• Pre-suit notice. La. R.S. § 23:303(C) requires 30 days' written notice detailing the discrimination before filing suit. Failure to give notice can result in dismissal without prejudice. The notice must be "detailed" — vague notices have been held insufficient.
• One-year prescription. La. R.S. § 23:303(D) sets a one-year prescriptive period, suspended (not tolled) during EEOC/LCHR review for up to six months. Louisiana's strict prescription regime treats this as a peremptive-like deadline; preserve it carefully.
• No punitive damages. Louisiana follows a strict no-punitive-damages rule absent express statutory authorization (Civil Code art. 2315; Ross v. Conoco, Inc., 828 So. 2d 546 (La. 2002)). LEDL does not authorize punitive damages. Plead them only in federal counts (Title VII, § 1981, ADA, ADEA-liquidated).
• Election of remedies. A plaintiff who pursues an LCHR administrative determination may face election-of-remedies issues; consult § 23:303 and § 51:2257 carefully. Many practitioners file EEOC dual-filing only, pull the right-to-sue, and litigate in court.
• At-will employment. Louisiana is an at-will state (La. C.C. art. 2747). No general public-policy exception for wrongful termination — claims must fit within statutory exceptions (LEDL, whistleblower under La. R.S. § 23:967, workers' compensation retaliation under § 23:1361, etc.).
• Removal risk. Federal counts make this matter removable under 28 U.S.C. § 1441. Consider state-only pleading if you wish to remain in state court — but this loses the punitive-damages and § 1981 leverage. Strategic call.
• Service. Service on a Louisiana corporation is through its registered agent or principal business establishment under La. R.S. § 13:3204 and La. C.C.P. art. 1261. Foreign defendants under the long-arm statute, La. R.S. § 13:3201.

17. SOURCES AND REFERENCES

• Louisiana State Legislature — https://www.legis.la.gov/
• La. R.S. § 23:301 (Short title) — https://www.legis.la.gov/legis/Law.aspx?d=83864
• La. R.S. § 23:332 (Intentional discrimination) — https://legis.la.gov/legis/Law.aspx?d=83879
• La. R.S. § 51:2231 et seq. (LCHR — Chapter 38)
• Louisiana Commission on Human Rights — https://humanrights.la.gov/ and https://gov.louisiana.gov/page/lchr
• LCHR Filing Information — https://gov.louisiana.gov/page/filing-a-complaint-with-lchr
• U.S. EEOC — https://www.eeoc.gov/
• EEOC FEPA Dual-Filing — https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing
• Bostock v. Clayton County, 140 S. Ct. 1731 (2020)
• Ross v. Conoco, Inc., 828 So. 2d 546 (La. 2002) (no punitive damages absent express authorization)
• Smith v. AMEDISYS Inc., 298 F.3d 434 (5th Cir. 2002) (LEDL elements track Title VII)
• 42 U.S.C. §§ 1981, 1981a, 2000e et seq.; 29 U.S.C. § 621 et seq.; 42 U.S.C. § 12101 et seq.

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Louisiana must review and customize this document before filing. Statutes, case law, prescriptive periods, and procedural rules change; verify all authorities before use.