|

Governor's
Office
Louisiana Commission
on
Human Rights
Steps for filing A
Complaint of Discrimination
All
persons in Louisiana are protected against acts of
unlawful discrimination. Anyone may file an official
complaint with the Louisiana Commission on Human Rights
(LCHR). There is no fee for this service and a claim
may be filed by telephone, mail or in person at the LCHR
offices located at 1001 N. 23rd Street in
Baton Rouge, Louisiana
FILING A COMPLAINT
Do you believe
that someone has discriminated against you? What can you
do about it?Your complaint to the LCHR begins at an
initial screening to determine whether your complaint
minimally meets guidelines related to violations and
or/laws enforced by LCHR.
INTAKE PROCESS
What are the
guidelines that determine my case?
In the initial
screening, the LCHR must determine if strict guidelines
are met related to the number of employees in the
company and the timeframe of the alleged occurrence or
jurisdiction. For example, if the respondent has less
than 20 employees (or less than 26 in the case of
pregnancy, childbirth and related medical conditions), a
Dismissal and Notice of Rights form is sent and the case
is closed. This is because the law does not make
provisions for this type of case.
If your complaint
meets all of the required guidelines – (1) required
number of employees, (2) the discriminatory act was done
to you within 180 days, the LCHR jurisdictional limit,
and (3) the alleged violation is covered by the statues
enforced – you are sent a letter requesting specifics
about the allegations.
When this form or a
document detailing the specifics is returned within the
specified time, an investigation acceptance letter is
mailed to you and the case assigned to the Investigative
Unit.
PROCESSES TO DECIDE
ELIGIBILITY
Who reviews and
determines my case for assistance under the law?
An intake officer
reviews all intake documents and responds to the initial
request to determine eligibility for acceptance based on
the LCHR jurisdictional requirements of employment,
banking and lending practices, and public
accommodations.
INVESTIGATOR’S
RECOMMENDATIONS
How does the
investigator decide if my case is one of
discrimination?
To make the
determination on the findings, the investigator may use
several types of tests for discrimination. When sufficient
information is gathered, LCHR makes a determination of
discrimination based on the merits of the case.
ESTABLISHMENT OF
DISCRIMINATION DETERMINED AND RESOLUTION
What happens to my
case, now?
Once a determination is established, a copy of the
determination is submitted to you, the respondent and to
the EEOC in those cases of employment discrimination.
In instances where
LCHR has found “no violation of statue”, the complainant
may request a “right to sue” which allows a lawsuit to
be filed.
If the complainant
is not satisfied with LCHR’s efforts during any of the
processes, the complainant has the alternative to
proceed through the courts by requesting a “right to
sue”.
DISCRIMINATION
REMEDIES
What “relief’ or
remedies are available when discrimination is found?
The “relief” or remedies available for employment
discrimination, whether caused by intentional acts or by
practices that have a discriminatory effect, may
include: Back pay,
Promotion, Front pay, Hiring, Reinstatement and
Reasonable accommodations, or other actions that will
make an individual “whole” (in the condition s/he would
have been before the discrimination.
The Louisiana
Commission on Human Rights
The
Louisiana Commission on Human Rights(LCHR) is committed
to protecting the citizens of Louisiana from unlawful
discriminatory practices. LCHR was established in 1988
by Act 866 in the 1988 Regular Session of the Louisiana
Legislature and has been operating since 1993. The
Louisiana Commission on Human Rights is the official
entity mandated to process charges of discrimination,
investigate alleged discriminatory acts, mediate
disputes, and provide education and training related to
discriminatory practices.
The Louisiana
Commission on Human Rights is authorized by LSA-R.S.
23:301 et seq., as amended, cited as the Louisiana
Employment Discrimination Law to handle complaints of
discrimination based upon these enumerated basis:”
Race, color, sex, age, disability, national origin,
sickle cell trait, pregnancy, childbirth and related
medical conditions.
LCHR is also
authorized by LSA-R.S. 51:2231 et seq., as amended, to
handle complaints regarding certain discriminatory
practices in the areas of banking and lending, and
public accommodations and bars all discrimination in
credit transactions.
|