Workplace Harassment

Employment Law

Workplace Harassment

You have the right to a workplace free from harassment based on sex. If that right has been violated, federal and Louisiana law both give you a path to hold your employer accountable — but timing and the size of your employer both matter, so acting early is worth it.

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Sexual harassment and hostile work environment claims are governed by Title VII of the Civil Rights Act at the federal level, and by Louisiana's Employment Discrimination Law at the state level. The two laws don't cover identical ground — Louisiana's statute applies to employers with 20 or more employees, while Title VII applies at 15 or more — so which law fits your situation depends on your employer's size.

At Business Law Group, our employment lawyers in New Orleans help employees understand whether what they experienced meets the legal bar for a claim, and what filing one actually involves. Contact us at (504) 446-6506 to schedule a consultation.

What Counts as Unlawful Harassment

  • Conduct that is severe or pervasive enough to create a hostile work environment — not an isolated, one-off comment
  • Quid pro quo harassment — a supervisor conditioning a job benefit on submission to unwelcome conduct
  • Retaliation against you for reporting harassment internally or filing a charge

Your Rights

Free From Harassment

No harassment based on sex by supervisors, managers, or coworkers.

Protection from Retaliation

No retaliation for reporting harassment, participating in an investigation, or filing an EEOC charge.

A Process for Resolution

Employers of a covered size are required to have a real complaint procedure — not just a policy on paper.

What This Looks Like

"It's been going on for months and HR hasn't done anything."

A pattern of unaddressed conduct, especially after it's been reported, is a meaningfully stronger case than a single incident.

"I was fired shortly after I complained."

Timing matters — an adverse action closely following a complaint is one of the clearest indicators of retaliation.

"I'm not sure it's 'bad enough' to be illegal."

This is one of the most common things we hear, and it's worth an honest conversation rather than assuming on your own — the legal bar (severe or pervasive) is specific, but a lot of real situations meet it.

If You've Experienced Workplace Harassment

  1. Document everything — dates, what was said or done, who was present, and how you reported it internally.
  2. Report it internally if you haven't already, to a manager, supervisor, or HR — this step often matters for how a claim is evaluated later.
  3. Know your deadline — an EEOC charge generally has to be filed within 180 days of the last incident (up to 300 in some cases), and this clock doesn't wait.
  4. Talk to an employment attorney before the deadline passes, even if you're not sure yet whether you want to pursue anything formally.

Ready to talk to someone? Complete our employee intake form and we'll follow up.

Employee FAQ — Workplace Harassment

Does one inappropriate comment count as harassment?

Generally, no — the legal standard requires conduct that's severe or pervasive, meaning either a single very serious incident or a pattern over time. A single tasteless comment, on its own, rarely meets that bar, but a pattern often does.

Does it matter how big my employer is?

Yes. Louisiana's state discrimination law applies to employers with 20 or more employees; federal Title VII applies at 15 or more. If your employer falls below both thresholds, this specific legal path may not be available, though other options could still apply depending on the facts.

How long do I have to file a charge?

Generally 180 days from the most recent incident, extended to 300 days in jurisdictions with a state deferral agency, which includes Louisiana. This deadline is strict, so don't wait to find out where you stand.

Do I have to file with the EEOC before I can sue?

Yes — a Title VII claim generally requires filing an EEOC charge and receiving a right-to-sue letter before a lawsuit can be filed in federal court. This is a required step, not an optional one.

I was fired after reporting harassment — is that separate from the harassment itself?

It can be its own claim. Retaliation for a good-faith harassment complaint is illegal even if the underlying harassment claim is harder to prove, and the two are often evaluated together.

Talk to an Employment Law Attorney in New Orleans

If you've experienced harassment at work and aren't sure what your options are, we can help you understand where you stand — including whether the clock is already running on a deadline.

Contact us using our online form or by calling (504) 446-6506 to schedule a consultation.

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Who We Are

Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

Awards

Rated by Super Lawyers


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