Sex-Based Discrimination At Work

• Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex.
• An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.
• Sexual Orientation and Gender Identity employment discrimination on the basis of sex is a violation of Title VII. 
• Equal Pay/Equal Compensation employment discrimination on the basis of sex is a violation of Title VII.
• Harassment (Sexual Harassment) on the basis of sex is a violation of section 703 of Title VII. 

Louisiana Law, LA Rev Stat 23:332 prohibits intentional employment discrimination. 

• Title 23 Labor and workers compensation - RS 23:332 Intentional discrimination in employment 

•  LA Rev. Stat. Sec. 23:332 includes age, disability, equal pay/equal compensation, national origin , race/color, religious, and sex-based employment discrimination.

Retaliation claims for other types of discrimination complaints are not covered under the Louisiana Employment Discrimination Law. Under La. Rev. Stat. § 23:967 General Whistleblower Protection Law an employee may not be discharged (or discriminated against) in retaliation for performing, in good faith, the following activities:

• Disclosing (or threatening to disclose) a workplace act or practice that violates state law;
• Providing information or testimony in a public investigation, hearing, or inquiry into any violation of the law;
• Refusing to participate in (or objecting to) an illegal employment act;
• To be protected under this statute, the employee must first inform the employer of the violation. An employee is not protected if he goes directly to a governmental agency without first advising the employer. Also, an employee must be certain that the illegal conduct actually happened; a reasonable, good faith belief will not protect an employee if no violation actually occurred. 

The general rule is that most employees may be fired at any time-for any reason or for no reason at all-under what is known as the at-will employment doctrine. However, there are exceptions to the general rule; the Louisiana whistleblower protection statute. Employees who engage in protected activities (usually filing a complaint or testifying) under laws in the following subject areas are protected from retaliation: health care employees, insurer employees, labor investigations & proceedings, and workers' compensation.

In addition to the above state protections, federal law provides workers with additional protections. Furthermore, a private contract or collective bargaining agreement may also protect employees from certain forms of retaliation.

Laws like Title VII of the Civil Rights Act of 1964 (Title VII) require you to file a charge of discrimination with the Equal Opportunity Employment Commission (EEOC) before you can file a discrimination lawsuit against your employer. An individual alleging a violation of Title VII must file a charge with the EEOC before you can file a discrimination claim in federal court. 

1. To File a claim with the Equal Opportunity Employment Commission (EEOC):

   • Within 180 days of the alleged unlawful compensation practice (2 years under the EPA)

   • 15 or more employees who have worked for the employer for at least twenty calendar weeks (in this year or last) (20 or more for age-related claims).

2. To File with the Louisiana Commission on Human Rights (LCHR):

   • Within 180 days of the alleged unlawful compensation practice

   • 20 or more employees who have worked for the employer for at least twenty calendar weeks (in this year or last) (25 or more for pregnancy-related claims).

3. To File in a State Court under Louisiana State Law:

   • You may file a claim under state law without having first gone to either the LCHR or EEOC.

   • Generally, to preserve your claim under state law based on your state discrimination claims, you must file within 1-year or 360 days of the date you believe you were discriminated against. 

   • If you file your discrimination claim with the LCHR or EEOC within 300 days of the discriminatory treatment, then you have an additional 6-month extension from the 1-year period to file your claim in Louisiana state court (meaning you have 18 total months).

   • A case filed in state court using federal law may be “removed” to federal court by the employer because it involves a federal statute such as Title VII, GINA, ADEA, and ADA or because the employer is based in another state.

4. To File a Discrimination Claim in Federal Court:

   • To preserve your claim under federal law, you must cross-file with the EEOC or LCHR within 300 days of the date you believe you were discriminated against.

   • A federal employment discrimination case cannot be filed in court without first going to the EEOC or LCHR, as discussed above, and having the EEOC or LCHR dismiss your claim.

   • This process is called “exhaustion” of your administrative remedy. The EEOC or LCHR must first issue the document known as “Dismissal and Notice of Rights” or “Notice of Right to Sue” (Form 161) before you can file a case based upon your federal claim.

   • A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. Be sure to mark down that date when you receive the notice.