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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.