Louisiana (LA) Sexual Discrimination Law in the Workplace
August 25th, 2006 Posted by HannahThe Louisiana Employment Discrimination Law overrides the federal Title VII law when it comes to Louisiana sexual discrimination law in the workplace. First of all, under the Louisiana law, only those employers who have twenty or more employees are help responsible under the law while Title VII applies to all employers with fifteen or more employees. Furthermore, in Louisiana discrimination based on pregnancy and childbirth only applies to employers with twenty-five or more employees.
Employees who are working for their parent, spouse or child or who are in domestic service of their employer are not covered under this law. Other employees exempt from this law are those who are working for private educational or religious institutions or nonprofit corporations.
Louisiana does give its employers a lot of leeway when it comes to hiring, firing, suspending or disciplining employees – it’s known as an employment-at-will state. However, employers are still not allowed to make these decisions in a fashion that discriminates on the basis of sex, pregnancy or childbirth.
Anyone who needs to file a complaint against their employer must do so within 180 days of the alleged discriminatory act. This can be done by visiting or calling the office of the Louisiana Commission on Human Rights.
After receiving your complaint, the Commission will send a copy of it along with a letter to your employer informing him or her of your complaint. They will then give the employer a chance to respond to the complaint.
After that, the Commission will investigate and decide on the complaint. If the Commission finds reasonable cause to believe that your rights have been violated, you and your employer will enter a settlement phase. If you cannot reach a settlement agreement, the Commission may take your case to state court.
It is possible to take your case directly to the state courts. You don’t need to go through the Commission to do this. If you want to go directly to the federal courts, however, you’ll need to request a “Right to Sue” letter from the EEOC before proceeding.
Louisiana employers are required by law to keep an updated Louisiana Complete Labor Law poster posted on the workplace. Plus, it’s a great way to keep employers and employees alike informed on their rights and responsibilities.
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