FEPA Discrimination Charge and Right-to-Sue Procedure — Louisiana

FEPA Discrimination Charge and Right-to-Sue Procedure (Louisiana)

This template provides a complete Louisiana discrimination charge package: (A) a pre-filing eligibility memo confirming LEDL applicability and § 23:303(C) pre-suit notice compliance; (B) a Charge of Discrimination for filing with the Louisiana Commission on Human Rights (LCHR) and/or dual-filed with the EEOC; (C) the mandatory 30-day Pre-Suit Notice / Right-to-Sue Demand Letter under La. R.S. § 23:303(C); (D) a pre-suit Civil Petition for filing in Louisiana district court; and (E) a pre-filing checklist.

Civil-Law Overlay — LEDL Exclusivity. Louisiana is a civil-law jurisdiction. Under Roberson-King v. Louisiana Workforce Comm'n, No. 17-30899 (5th Cir. Sept. 17, 2018), the LEDL is the exclusive state-law remedy for employment discrimination — plaintiffs cannot avoid the LEDL's procedural requirements (30-day notice, 1-year prescription) by suing under La. Civ. Code art. 2315 (general delictual liability). See also Kennedy v. Kennedy, 699 So. 2d 351 (La. 1996) (specific statute controls over general).

Mandatory 30-Day Pre-Suit Notice. Under La. R.S. § 23:303(C), before filing any civil action for employment discrimination, the plaintiff must (i) provide written notice to the employer detailing the alleged unlawful practice at least 30 days before filing suit, AND (ii) make a good-faith effort to resolve the dispute. Failure to comply is grounds for dismissal. Miguel v. GEICO Gen. Ins. Co., 207 So. 3d 507, 511 (La. App. 4 Cir. 2016).

Prescription Suspension. La. R.S. § 23:303(D) provides that the one-year prescriptive period is suspended during the pendency of an EEOC or LCHR charge, for a maximum of six (6) months. Counsel must calendar both the underlying 1-year prescription and the 6-month maximum suspension.

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT

To: [SUPERVISING ATTORNEY]
From: [DRAFTING ATTORNEY/PARALEGAL]
Re: LEDL Eligibility Memo — [CLIENT NAME] v. [RESPONDENT NAME]
Date: [__/__/____]

1. Threshold Eligibility

2. § 23:303(C) Pre-Suit Notice Analysis

☐ Plaintiff must provide written notice to employer detailing the alleged unlawful practice at least 30 days before filing suit
☐ Plaintiff must make a good-faith effort to resolve the dispute
☐ Plan: send the 30-day notice on [__/__/____] (suit earliest on [__/__/____])
☐ Maintain documentation of good-faith resolution attempts (mediation invitation, settlement demand, etc.)
☐ FAILURE TO COMPLY = DISMISSAL (Miguel v. GEICO, 207 So. 3d 507 (La. App. 4 Cir. 2016))

3. LEDL Exclusivity Analysis (Roberson-King)

☐ Cannot plead general delict under La. Civ. Code Art. 2315 for race/sex/etc. discrimination — LEDL is exclusive
☐ Plead under LEDL specific statutes:

• La. R.S. § 23:332 (race, color, religion, sex, national origin)
• La. R.S. § 23:312 (age 40+)
• La. R.S. § 23:323 (disability)
• La. R.S. § 23:341 (pregnancy)
• La. R.S. § 23:352 (sickle cell)
• La. R.S. § 51:2256 (retaliation — all bases)

4. Continuing Violation Analysis

5. Damages Estimate

6. Recommendation

☐ File EEOC charge within 180 days (300 if dual-filed with LCHR) — suspends LEDL prescription up to 6 months
☐ Dual-file with LCHR — preserves state administrative track + suspension
☐ Send § 23:303(C) 30-day pre-suit notice on or before [__/__/____]
☐ Reserve filing of civil action until 30 days after notice + good-faith resolution attempt
☐ Issue litigation hold to employer
☐ Decline representation (reasons): [____]

Part B — Charge of Discrimination (LCHR / EEOC Dual-Filed)

LOUISIANA COMMISSION ON HUMAN RIGHTS
1001 NORTH 23RD STREET, SUITE 268
POST OFFICE BOX 94094
BATON ROUGE, LOUISIANA 70804-9094
(225) 342-6969 | TDD: 1-888-248-0859
www.gov.state.la.us/HumanRights

AND DUAL-FILED WITH:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
New Orleans Field Office, Hale Boggs Federal Building, 500 Poydras Street, Suite 809, New Orleans, LA 70130

CHARGE OF DISCRIMINATION

This charge is filed with both LCHR and the EEOC under the workshare agreement.

Protected Class(es) — Check all that apply (per LEDL bases)

☐ Race (La. R.S. § 23:332)
☐ Color (La. R.S. § 23:332)
☐ Religion (La. R.S. § 23:332)
☐ Sex (La. R.S. § 23:332)
☐ National Origin (La. R.S. § 23:332)
☐ Age — 40 or older (La. R.S. § 23:312; employer must have 25+ employees)
☐ Disability (La. R.S. § 23:323)
☐ Sickle Cell Trait (La. R.S. § 23:352 — any employer)
☐ Pregnancy / Childbirth / Related Medical Conditions (La. R.S. § 23:341)
☐ Genetic Information (La. R.S. § 23:368)
☐ Retaliation for protected activity (La. R.S. § 51:2256)
☐ Equal Pay — sex-based wage disparity (La. R.S. § 23:332(A)(3))

Particulars (Statement of Discrimination)

I. Personal Information

I, [COMPLAINANT NAME], was employed by [RESPONDENT] as a [JOB TITLE] from [__/__/____] until [__/__/____]. At all relevant times, I [describe protected class membership].

II. Discriminatory Acts

[Chronological narrative of incidents — date, location, persons involved, what was said/done, witnesses, documentation. Numbered paragraphs.]

III. Adverse Employment Action

On [__/__/____], I was [terminated / demoted / denied promotion / denied accommodation / subjected to harassment / constructively discharged]. The stated reason given by [DECISION-MAKER NAME, TITLE] was [____], which I believe is pretextual because [____].

IV. Comparators

[Identify similarly situated employees outside the protected class treated more favorably.]

V. Causation and Statutory Violations

I believe I was discriminated against because of my [PROTECTED CLASS] in violation of:

• The Louisiana Employment Discrimination Law, La. R.S. § 23:[332/312/323/341/352];
• The Louisiana Commission on Human Rights anti-retaliation provision, La. R.S. § 51:2256;
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 [if applicable];
• The Americans with Disabilities Act, 42 U.S.C. § 12112 [if applicable];
• The Age Discrimination in Employment Act, 29 U.S.C. § 623 [if applicable].

Verification

I declare under penalty of perjury under the laws of the State of Louisiana and the United States that the foregoing is true and correct.

Signature of Charging Party: _________________________________
Date: [__/__/____]

Subscribed and sworn before me this ___ day of __________, 20___.

_________________________________
Notary Public, Parish of [____], State of Louisiana
Notary ID No.: [____]
My commission expires: [____]

Part C — Pre-Suit Notice / Right-to-Sue Demand Letter (La. R.S. § 23:303(C))

[LAW FIRM LETTERHEAD]

[DATE]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [HR DIRECTOR EMAIL]

[EMPLOYER LEGAL NAME]
[ATTN: GENERAL COUNSEL / HR DIRECTOR]
[ADDRESS]

Re: Statutory Notice of Intent to File Civil Action Pursuant to La. R.S. § 23:303(C)
Complainant: [NAME]
Employment Period: [__/__/____] to [__/__/____]

To Whom It May Concern:

This firm represents [NAME] regarding unlawful employment discrimination by [EMPLOYER] in violation of the Louisiana Employment Discrimination Law, La. R.S. § 23:301 et seq.

This letter is provided pursuant to the mandatory pre-suit notice requirement of La. R.S. § 23:303(C). At least thirty (30) days from the date of this letter must elapse before any civil action is commenced.

1. Identification of Alleged Unlawful Practice

2. Factual Summary

[Concise narrative of the discriminatory conduct, decision-maker, comparators, witnesses, and supporting documentation. Sufficient detail to apprise the employer of the claim's basis. Do NOT include privileged work product or unnecessary detail.]

3. Statutes Violated

• La. R.S. § 23:[332/312/323/341/352] (LEDL substantive provision)
• La. R.S. § 51:2256 (retaliation, if applicable)
• Title VII / ADA / ADEA (federal parallel claims, if applicable)

4. Good-Faith Effort to Resolve

In compliance with the good-faith resolution requirement of La. R.S. § 23:303(C), Complainant hereby:

a. Demands settlement in the amount of $[____], comprising back pay, front pay, emotional distress damages, and attorneys' fees;
b. Offers to participate in pre-suit mediation through [mediator/organization]; and
c. Invites a counter-proposal or request for additional information within twenty (20) days of receipt of this letter.

Complainant will refrain from filing suit for thirty (30) days from the date of this letter. If this matter is not resolved by [__/__/____], Complainant intends to file a civil petition in the [PARISH] Parish [Judicial] District Court seeking:

• Back pay, front pay, and lost benefits under La. R.S. § 23:303(A);
• Compensatory damages for emotional distress and mental anguish;
• Attorneys' fees and costs;
• Reinstatement or equitable relief;
• Federal damages (compensatory and punitive) under Title VII / ADA, subject to 42 U.S.C. § 1981a caps;
• Pre- and post-judgment interest;
• Such other relief as the court deems just.

5. Litigation Hold Notice

Effective immediately, [EMPLOYER] is under an affirmative obligation to preserve all documents, electronically stored information, and tangible items relating to Complainant's employment, including personnel records, emails, text messages, performance reviews, disciplinary records, comparator data, and any internal complaints or investigations relating to discrimination. Spoliation may give rise to adverse inferences and sanctions.

Please direct all correspondence to the undersigned at the address above.

Respectfully,

_________________________________
[ATTORNEY NAME], Esq.
Louisiana State Bar No. [____]
[FIRM NAME, ADDRESS, PHONE, EMAIL]
Counsel for Complainant

Enclosures:

• Settlement Demand Worksheet
• (Optional) Draft Charge of Discrimination to be filed with LCHR/EEOC if resolution not achieved

Part D — Pre-Suit Civil Petition (LEDL + Title VII)

[PARISH] PARISH
[JUDICIAL] JUDICIAL DISTRICT COURT
STATE OF LOUISIANA

Docket No.: [____]
Division: [____]

PETITION FOR DAMAGES FOR EMPLOYMENT DISCRIMINATION
(JURY TRIAL REQUESTED)

NOW INTO COURT, through undersigned counsel, comes Plaintiff [NAME], a person of the full age of majority and a resident of [PARISH] Parish, Louisiana, who respectfully represents:

I. PARTIES

1. Plaintiff [NAME] is a person of the full age of majority and a resident and domiciliary of [PARISH] Parish, Louisiana.
2. Made Defendant herein is [DEFENDANT NAME], a [STATE OF INCORPORATION] [corporation / limited liability company] authorized to do and doing business in the State of Louisiana, with its principal Louisiana place of business in [PARISH] Parish.

II. JURISDICTION AND VENUE

3. This Court has jurisdiction under La. Const. Art. V, § 16 and La. R.S. § 13:475.
4. Venue is proper in this Parish under La. C.C.P. Arts. 42 and 76.1 because the unlawful employment practices occurred in this Parish and/or Defendant maintains its principal place of business here.

III. STATUTORY COMPLIANCE — La. R.S. § 23:303(C)

5. Pre-suit notice compliance. On [__/__/____], more than thirty (30) days prior to the filing of this Petition, Plaintiff provided Defendant with written notice of the alleged unlawful employment practice, identifying the conduct and statutes violated, and made a good-faith effort to resolve the dispute through settlement discussions and offer of mediation. A copy of the notice is attached as Exhibit A.
6. Defendant has not resolved the dispute, and Plaintiff has fully complied with the prerequisites of La. R.S. § 23:303(C).

IV. PRESCRIPTION

7. The last discriminatory act occurred on [__/__/____]. The one-year prescriptive period under La. R.S. § 23:303(D) and La. Civ. Code Art. 3492 is suspended by Plaintiff's filing of an EEOC and/or LCHR Charge on [__/__/____], for a maximum period of six months. La. R.S. § 23:303(D). This action is therefore timely.

V. EMPLOYER COVERAGE

8. Defendant employed [____] persons in each of 20 or more calendar weeks at all relevant times and is an "employer" subject to the LEDL under La. R.S. § 23:302(2) [and § 23:312 for age, if applicable].

VI. FACTUAL ALLEGATIONS

9. [Chronological narrative of discriminatory conduct, supported by documentary evidence identified by exhibit number.]

VII. CAUSES OF ACTION

CAUSE OF ACTION I — Intentional Discrimination in Employment under La. R.S. § 23:332 (Race / Color / Religion / Sex / National Origin)

10. Plaintiff incorporates the preceding paragraphs.
11. Plaintiff is a member of a protected class.
12. Defendant subjected Plaintiff to adverse employment action because of Plaintiff's protected class in violation of La. R.S. § 23:332.

CAUSE OF ACTION II — Age Discrimination under La. R.S. § 23:312 (if applicable)

CAUSE OF ACTION III — Disability Discrimination under La. R.S. § 23:323 (if applicable)

CAUSE OF ACTION IV — Pregnancy Discrimination under La. R.S. § 23:341 (if applicable)

CAUSE OF ACTION V — Retaliation under La. R.S. § 51:2256

13. Plaintiff engaged in protected activity opposing an unlawful practice under the LEDL.
14. Defendant took materially adverse action against Plaintiff because of the protected activity.

CAUSE OF ACTION VI — Title VII / ADA / ADEA Parallel Federal Claims (where applicable)

[Plead in the alternative; access to compensatory and punitive damages under 42 U.S.C. § 1981a (subject to caps).]

VIII. DAMAGES

15. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered damages, including:
    a. Back pay and lost benefits;
    b. Front pay and loss of earning capacity;
    c. Emotional distress, mental anguish, humiliation, and damage to reputation;
    d. Attorneys' fees and costs of litigation;
    e. Such other and further damages as the evidence will support.

IX. JURY DEMAND

16. Plaintiff respectfully requests trial by jury on all triable issues, pursuant to La. C.C.P. Art. 1731.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff [NAME] respectfully prays that this Petition be deemed good and sufficient, that Defendant be cited to appear and answer, and that, after all legal delays and due proceedings, there be judgment in favor of Plaintiff and against Defendant for:

a. Back pay, front pay, lost benefits, and lost earning capacity under La. R.S. § 23:303(A);
b. Compensatory damages for mental anguish, emotional distress, and humiliation;
c. Federal compensatory and punitive damages under Title VII / ADA, subject to 42 U.S.C. § 1981a caps (if pled);
d. Reasonable attorneys' fees and costs under La. R.S. § 23:303(A);
e. Pre- and post-judgment interest at the legal rate from the date of judicial demand;
f. Reinstatement with full seniority and benefits, or, in the alternative, equitable monetary relief;
g. All costs of these proceedings;
h. Trial by jury on all triable issues;
i. Such other and further relief as this Honorable Court deems just and equitable.

Respectfully submitted,

_________________________________
[ATTORNEY NAME], Bar No. [____]
[FIRM NAME, ADDRESS, PHONE, EMAIL]
Counsel for Plaintiff

PLEASE SERVE DEFENDANT:
[DEFENDANT NAME]
Through its registered agent for service of process:
[AGENT NAME, ADDRESS]

Part E — Pre-Filing Checklist

Threshold — Louisiana Civil-Law Considerations

☐ Confirm LEDL is exclusive (no Article 2315 general delict) per Roberson-King
☐ Confirm employer coverage threshold (general 20+; age 25+; sickle cell any size)
☐ Identify all LEDL bases applicable
☐ Calendar 1-year prescription from latest discriminatory act
☐ Plan for EEOC/LCHR charge to trigger 6-month prescription suspension

Intake / Eligibility

☐ Confirm Louisiana-based employment
☐ Identify protected class(es) under LEDL
☐ Identify adverse employment action(s)
☐ Calculate 1-year prescription deadline
☐ Calculate suspended prescription (with EEOC/LCHR charge)
☐ Determine federal coverage (Title VII 15+, ADEA 20+, ADA 15+)

Pre-Suit Notice Compliance (La. R.S. § 23:303(C))

☐ Draft and send written notice to employer at least 30 days before filing suit
☐ Notice details the alleged unlawful practice and statutes violated
☐ Notice includes good-faith settlement demand and/or mediation invitation
☐ Send by certified mail with return receipt
☐ Calendar the 30-day waiting period (earliest filing date)
☐ Retain proof of mailing and delivery
☐ Document good-faith resolution attempts

Documentation

☐ Personnel file (employee may request)
☐ Performance reviews and disciplinary records
☐ Pay records / W-2s / paystubs
☐ Termination letter / separation notice
☐ Witness contact information
☐ Comparator evidence
☐ Employer policies / handbook / anti-discrimination policy
☐ Internal complaints filed
☐ Medical records (if disability or emotional distress)
☐ Electronic communications

Filing Track Selection

☐ LCHR Charge — administrative investigation + 6-month suspension
☐ EEOC dual-filing via workshare
☐ Direct civil action after § 23:303(C) compliance — bypass administrative
☐ Hybrid: file LCHR/EEOC charge for suspension + § 23:303(C) notice in parallel

Post-Filing

☐ Monitor for respondent's position statement (LCHR/EEOC)
☐ Submit rebuttal
☐ Consider voluntary mediation (LCHR or court-ordered)
☐ Request "right to sue" from LCHR if no violation finding
☐ File civil Petition in district court within 1-year prescription (as suspended)
☐ Verify federal RTS receipt and 90-day federal suit window
☐ Comply with La. C.C.P. service-of-process requirements

Sources and References

• Louisiana Employment Discrimination Law (LEDL), La. R.S. §§ 23:301 et seq.: https://www.legis.la.gov/legis/Law.aspx?d=83820
• La. R.S. § 23:303 (Civil Remedies; 30-day Pre-Suit Notice; 1-Year Prescription with 6-Month Suspension)
• La. R.S. § 51:2256 (Anti-Retaliation — All LEDL Bases)
• Louisiana Commission on Human Rights (LCHR): https://gov.louisiana.gov/page/lchr
• LCHR — Filing a Complaint: https://gov.louisiana.gov/assets/Programs/LCHR/LCHR_DiscriminationBrochure.pdf
• Roberson-King v. La. Workforce Comm'n, No. 17-30899 (5th Cir. Sept. 17, 2018): https://www.ca5.uscourts.gov/opinions/pub/17/17-30899-CV0.pdf
• Miguel v. GEICO Gen. Ins. Co., 207 So. 3d 507 (La. App. 4 Cir. 2016)
• Kennedy v. Kennedy, 699 So. 2d 351 (La. 1996)
• EEOC New Orleans Field Office: https://www.eeoc.gov/field-office/neworleans/location
• EEOC — Time Limits for Filing a Charge: https://www.eeoc.gov/time-limits-filing-charge
• 2014 Louisiana Legislative Update — Ogletree Deakins (on § 51:2256 retaliation expansion): https://ogletree.com/insights-resources/blog-posts/2014-louisiana-legislative-update/