The Equal Employment Opportunity Commission (EEOC) was established by Title VII of the Civil Rights Act of 1964.1 The EEOC enforces the principal federal statutes prohibiting employment discrimination, usually through investigation of administrative charges brought by individuals who believe they have been discriminated against. The EEOC investigates timely complaints and may help mediate or even sue for a complainant, but most often ends up issuing a “right to sue” letter authorizing the complainant to pursue an action in court, but only within a fairly short period of time.
The EEOC may order various forms of relief including hiring, reinstatement, promotion, back pay, reasonable accommodations, posting of notices, and fees and costs. If intentional discrimination is found, compensatory and punitive damages may be awarded under most EEOC-enforced laws. Claims not addressed in the charge generally may not be raised in subsequent litigation.
All laws enforced by the EEOC, except for the Equal Pay Act and retaliation claims, generally require the timely filing of an EEOC charge before a private lawsuit may be filed in court. Equitable tolling is allowed, but only in limited circumstances. A charge should be filed within 180 days of the alleged unlawful action (300 days if the charge is also covered by a state or, with all laws but the ADEA, local anti-discrimination law).2
After a charge is filed with the EEOC, if the charge is also covered by a state or local law, the EEOC “dual files” the charge with the Louisiana Commission on Human Rights.3 The EEOC decides how to prioritize the charge and may investigate. While it may dismiss a complaint for lack of merit on its face without conducting an investigation, the EEOC must accept any and all charges of discrimination. If the EEOC dismisses a charge for insufficiency of evidence or was unsuccessful in mediation or settlement, it will issue a “right to sue” letter, which gives the complainant 90 days in which to institute a civil action.
The Louisiana Commission on Human Rights (LCHR) is ostensibly empowered to investigate and enforce complaints about employment practices arising under state antidiscrimination laws. However, a plaintiff under Louisiana’s statutes is not required to file with the LCHR or the EEOC prior to filing a civil lawsuit in state court.4 LCHR’s practical function is merely to extend the EEOC filing deadline. The LCHR does not conduct independent investigations, and there are no field offices in the state. There is no real practical reason to file with the LCHR. If you do so for some reason, the process is essentially the same as with the EEOC, and the time limits for filing are the same. The LCHR will also “dual file” with EEOC any complaint that is also covered by federal law. Any party may seek judicial review of LCHR action in accordance with the Louisiana Administrative Procedure Act (i.e., within 30 days).5
If there is a local law that applies to your client’s case, other deadlines and procedures will apply.
The EEOC website offers extensive guidance on all the laws it enforces;6 this manual addresses most but not all of these laws.
- 1See 42 U.S.C. § 2000e et seq.; 29 C.F.R. § 1600 et seq.
- 2To extend the period for filing a judicial action, the state must also have an agency that enforces the particular state antidiscrimination statute at issue. Louisiana has such an agency, the Louisiana Commission on Human Rights.
- 3See La. R.S. 51:2231, et seq.
- 4Coutcher v. La. Lottery Corp., 97 0666 (La. App. 1 Cir. 11/7/97), 710 So. 2d 259.
- 5See La. R.S. 49:964. Complaint forms are available on the LCHR’s website. See La. Comm’n on Hum. Rts.
- 6See U.S. Equal Emp. Opportunity Comm’n.