What are my rights against workplace harassment in Louisiana?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), establish the federal baseline.
2. State Statute & Agency. The Louisiana Employment Discrimination Law (LEDL), La. Rev. Stat. § 23:301 et seq., is enforced by the Louisiana Commission on Human Rights (LCHR). LEDL covers employers with 20 or more employees for most claims (La. R.S. 23:302(2)), narrower than Title VII.
3. Standard for Hostile Work Environment. Louisiana courts apply the federal "severe or pervasive" standard from Harris v. Forklift Systems, 510 U.S. 17 (1993). The Louisiana Supreme Court interprets LEDL consistent with Title VII (King v. Phelps Dunbar, L.L.P., 743 So. 2d 181 (La. 1999)).
4. Protected Categories. Race, color, religion, sex, age (40+), disability, national origin, sickle-cell trait, pregnancy/childbirth/related medical conditions, genetic information, and (for state employees) certain political/military status. Louisiana does not protect sexual orientation or gender identity statewide; federal protection via Bostock.
5. Quid Pro Quo vs Hostile Environment. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington v. Ellerth, 524 U.S. 742 (1998), control.
6. Employer Liability. Strict liability for supervisor harassment with tangible action; Faragher/Ellerth affirmative defense available otherwise.
7. Mandatory Training. Louisiana requires its state agencies, boards, and commissions to provide annual sexual-harassment training under La. R.S. 42:341-345 (2018). Private employers have no statewide training mandate.
8. Filing Deadline. EEOC: 300 days. LCHR: 180 days. LEDL court action: 1-year prescriptive period from the discriminatory act (La. R.S. 23:303(D)), suspended up to 6 months while administrative review is pending.
9. NDA Restrictions. Louisiana has not enacted a broad statewide ban on sexual-harassment NDAs, though Act 270 (2018) requires state agencies to disclose certain settlement information. Federal Speak Out Act (2022) voids certain pre-dispute NDAs.
This is legal information, not legal advice.
- The 1-year prescriptive period is approaching (Louisiana's short window)
- Your employer has 15-19 employees (Title VII applies, but LEDL does not)
- You work for a state agency where the training mandate creates additional duties
- La. Rev. Stat. § 23:301 et seq. (LEDL)
- La. R.S. 23:303
- La. R.S. 42:341-345
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.