How to File a Sexual Harassment Complaint in Louisiana

In order to file a sexual harassment lawsuit in Louisiana, it is important to understand how sexual harassment is defined under state and federal laws. In Louisiana, sexual harassment is addressed under the Louisiana Employment Discrimination Law (“LEDL”) and Title VII of the Civil Rights Act of 1964.

Sexual harassment is broadly defined as any unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or nonverbal conduct of a sexual nature. In general, there are two primary types of sexual harassment claims:

• Quid pro quo harassment: This type of harassment occurs when a person in authority, such as a supervisor, demands sexual favors in exchange for job benefits or threatens adverse job consequences for rejection
• Hostile Work Environment harassment: This type of harassment takes place when unwelcome conduct of a sexual nature is severe or pervasive enough to create an intimidating, hostile, or offensive working environment, impacting an employee’s ability to perform their job
  • It is important to note that this can involve verbal, physical, or nonverbal actions

In order to actually file a sexual harassment lawsuit against your employer in Louisiana, you should generally follow the below steps:

• Document the Harassment: First, it is important to keep detailed records of incidents, including dates, times, locations, names of individuals involved, and any witnesses
  • You should be sure to save any evidence, such as emails, messages, or other documentation of harassment
• Report to Your Employer: Next, you should notify your supervisor, manager, or human resources department about the harassment, being sure to submit your documentation and follow your employer’s internal procedures for reporting workplace harassment
• File a Complaint with the LCHR or EEOC: If your employer fails to resolve the issue, you may file a complaint with the Louisiana Commission on Human Rights (“LCHR”) or the Equal Employment Opportunity Commission (“EEOC”)
  • It is critical to file your complaint within 300 days of the alleged harassment or you risk being disallowed from filing your complaint
• Obtain a Right-to-Sue Letter: If the LCHR or EEOC does not resolve your complaint, you will need a right-to-sue letter to move forward with a civil lawsuit, which you can ask for
• Seek Legal Advice: Finally, it is recommended to consult with an attorney to guide you through the legal process, as they can help you file a lawsuit against your employer, and seek compensation for damages related to the harassment you faced

How Do I Know if I Am a Victim of Sexual Harassment in the Workplace?

Identifying whether or not you’re a victim of sexual harassment in the workplace can be challenging. However, Louisiana law, under the Louisiana Employment Discrimination Law (“LEDL”) and Title VII of the Civil Rights Act of 1964, are the specific laws that outline what exact behaviors constitute sexual harassment.

The following indicators can help you determine if you might be experiencing sexual harassment:

• Unwelcome Sexual Advances: If you face any unsolicited and unwelcome advances, such as requests for dates, sexual favors, or physical contact, then you may be experiencing sexual harassment
  • Importantly, the advances can be verbal, physical, or nonverbal and may come from supervisors, colleagues, or even clients
• Quid Pro Quo Harassment: If someone in a position of authority, such as a supervisor, implies that your job benefits (e.g., promotions, pay raises, or continued employment) depend on your willingness to engage in sexual or romantic activities, that is a type of harassment
  • For example, a supervisor might suggest that you’ll receive a promotion if you agree to go on a date or threaten negative job consequences if you refuse
• Retaliation: Facing negative consequences, such as being demoted, fired, or subjected to other adverse actions, because you rejected sexual advances, reported harassment, or participated in an investigation of harassment are all evidence of sexual harassment
• Hostile Work Environment: Finally, any other conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment may be harassment, including:
  • Inappropriate jokes or comments about someone’s appearance, body, or sexual activities
  • Displaying sexually explicit images or materials in the workplace, such as posters, calendars, or screensavers
  • Unwanted physical contact, such as touching, hugging, kissing, or groping
  • Repeatedly asking for dates or sexual favors despite being rejected multiple times
  • Making derogatory remarks or using offensive language related to gender, sexuality, or sexual orientation

If you encounter any of the above behaviors, it is crucial to document them thoroughly. You should be sure to keep detailed records of incidents, including dates, times, locations, and any witnesses. You should also report the harassment immediately to your supervisor, manager, or Human Resources department.

Once again, if your employer does not address the issue, you can proceed with filing a complaint with the Louisiana Commission on Human Rights or the Equal Employment Opportunity Commission.

What Are the Different Kinds of Sexual Harassment Claims?

Once again, in Louisiana, there are two primary types of sexual harassment claims:

• Quid Pro Quo Harassment: This type of harassment occurs when a person in a position of authority demands sexual favors in exchange for job benefits or threatens negative job consequences if the advances are rejected
• Hostile Work Environment Harassment: This type of harassment involves unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment
  • Importantly, the behavior must be severe or pervasive enough to interfere with an employee’s ability to perform their job effectively

Both of the above types of harassment are prohibited under Louisiana Employment Discrimination Law and Title VII of the Civil Rights Act of 1964. Victims of such harassment can file complaints with the Louisiana Commission on Human Rights or the Equal Employment Opportunity Commission. An experienced Louisiana attorney can assist you with filing a lawsuit against an employer and seeking appropriate remedies.

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

Once again, If you’re a victim of workplace sexual harassment in Louisiana, both state and federal laws, such as the Louisiana Employment Discrimination Law and Title VII of the Civil Rights Act of 1964, will provide you with protections and legal recourse.

Generally, the process will begin by exhausting administrative remedies within your workplace. This includes reporting the harassment to your supervisor, manager, or Human Resources department and following your employer’s internal procedures for addressing harassment.

If your employer fails to resolve the issue, the next step is to submit a formal complaint to the Louisiana Commission on Human Rights or the Equal Employment Opportunity Commission. These agencies are responsible for enforcing laws against workplace harassment and discrimination. Filing a complaint with the LCHR or EEOC ensures that an independent body investigates your claims and holds your employer accountable if violations are found.

If neither agency resolves your claim, you will need a right-to-sue letter to proceed with your civil lawsuit. That letter will authorize you to take your case to court and pursue legal action against your employer. Without that letter, you may not be able to file a lawsuit in court. Once you obtain the letter, you can proceed with filing a formal lawsuit against your employer.

Do I Need a Lawyer to File a Sexual Harassment Claim?

If you are a victim of workplace sexual harassment and have suffered harm or damages as a result, it is recommended to seek the assistance of an experienced sexual harassment lawyer in Louisiana.

LegalMatch can assist you in finding and arranging a consultation with a qualified sexual harassment attorney in your area. During the initial consultation, the lawyer will be able to explain your legal rights and options under both federal law and Louisiana workplace harassment laws.

They will also be able to provide a detailed overview of the legal process and what to expect as you pursue your sexual harassment claim. An experienced lawyer can also answer any questions you may have about the steps involved and the potential outcomes.

An attorney will also be able to help you meet all state deadlines for filing your lawsuit and assist you in navigating all necessary steps to pursuing your sexual harassment claim. This may include gathering evidence, documenting incidents, and following your employer’s procedures for reporting harassment. Finally, they will be able to represent you in court, as needed.