Best Sexual Harassment Lawyers in Lafayette

About Sexual Harassment Law in Lafayette, United States

Sexual harassment is unlawful in Lafayette, Louisiana, under both federal and state law. It generally refers to unwelcome conduct based on sex that affects the terms or conditions of employment, education, housing, or access to public accommodations. Harassment can be verbal, nonverbal, physical, or digital. Common examples include unwanted touching, lewd comments, repeated requests for dates after refusal, sexual jokes, display of explicit materials, quid pro quo demands tied to job benefits, and hostile work environments that interfere with a reasonable person’s ability to work or learn.

Most workplace sexual harassment claims in Lafayette are brought under Title VII of the Civil Rights Act of 1964 and the Louisiana Employment Discrimination Law. Schools and colleges are also governed by Title IX, which prohibits sex discrimination, including sexual harassment, in federally funded education programs. Some conduct may also violate criminal laws, such as sexual battery or stalking. A lawyer can help you understand which laws apply to your situation and how to protect your rights.

Why You May Need a Lawyer

Many people benefit from legal help because sexual harassment cases mix sensitive facts, strict deadlines, and complex rules. You may want to consult an attorney if any of the following apply:

- You are experiencing quid pro quo harassment, such as a supervisor conditioning shifts, pay, promotions, or continued employment on sexual favors.

- You are facing a hostile work environment with severe or pervasive conduct, such as ongoing sexual comments, touching, or explicit messages.

- Your employer’s size, ownership, or policies make it unclear which laws apply or what internal steps you must take.

- You reported harassment and suffered retaliation, such as demotion, termination, schedule cuts, poor evaluations, or threats.

- The harasser is a customer, vendor, or contractor and you need to know when an employer must intervene.

- You work for a small employer and need advice on state law, tort claims, or other options when federal law may not cover your workplace.

- You need help preserving evidence, filing with the Equal Employment Opportunity Commission, negotiating a settlement, or litigating in court.

- Your case overlaps with criminal conduct, school Title IX processes, unemployment claims, workers’ compensation, or disability leave.

Local Laws Overview

Federal protections in Lafayette:

- Title VII of the Civil Rights Act prohibits sex discrimination and sexual harassment by employers with 15 or more employees. It covers quid pro quo harassment and hostile work environment claims. Employers are generally liable for harassment by supervisors that results in a tangible employment action, and may be liable for coworker or nonemployee harassment if they knew or should have known and failed to take prompt corrective action. Retaliation for reporting or opposing harassment is also prohibited.

- Filing deadlines: In Louisiana, you generally have up to 300 days from the last incident to file a charge with the Equal Employment Opportunity Commission. After receiving a Notice of Right to Sue, you typically have 90 days to file a federal lawsuit.

Louisiana state protections in Lafayette:

- Louisiana Employment Discrimination Law, La. R.S. 23:301 et seq., prohibits sex discrimination and sexual harassment. It typically applies to employers with 20 or more employees within Louisiana. The standard for a hostile work environment is similar to federal law. Retaliation is prohibited.

- Time limits: Claims under Louisiana law generally must be filed in court within 1 year of the last discriminatory act. This period can be suspended for up to 6 months while a timely EEOC charge is pending, but do not rely on suspension without legal advice. Deadlines are strict, and missing them can end your claim.

- Remedies: Under Title VII, available remedies can include back pay, reinstatement or front pay, compensatory damages for emotional harm, and sometimes punitive damages, subject to caps based on employer size. Under Louisiana law, punitive damages are generally not available unless a statute expressly authorizes them, but other damages, including back pay and compensatory damages, may be available.

Education in Lafayette:

- Title IX prohibits sexual harassment in schools and colleges that receive federal funding, including the Lafayette Parish School System and colleges such as the University of Louisiana at Lafayette. Schools must respond promptly and effectively to reports, provide supportive measures, and follow grievance procedures.

Public sector training requirements:

- Louisiana requires anti-sexual harassment training for state employees and agencies. Local public entities in Lafayette commonly maintain and enforce anti-harassment policies and training. Private employers are strongly encouraged to adopt policies and training even when not required by law.

Criminal law intersection:

- While sexual harassment itself is a civil rights violation, related conduct may be criminal under Louisiana law, including sexual battery, assault, stalking, cyberstalking, and voyeurism. You can pursue both criminal and civil options where appropriate.

Local enforcement bodies:

- Federal charges are filed with the Equal Employment Opportunity Commission, which covers Lafayette. Louisiana also recognizes the Louisiana Commission on Human Rights as a state fair employment practices agency. Many cases are dual-filed so that federal and state rights are preserved.

Note on local ordinances:

- In Lafayette, most protections relevant to sexual harassment come from federal and Louisiana state law rather than a separate city ordinance for private employment. City or parish employees will have specific internal complaint procedures.

Frequently Asked Questions

What counts as sexual harassment at work?

Sexual harassment includes unwelcome conduct based on sex that is either tied to job benefits or severe or pervasive enough to create a hostile environment. It can be verbal, nonverbal, physical, or digital. One extreme incident can be enough if it is severe. Repeated lesser incidents can also add up to a hostile environment.

Do the laws apply if my employer is small?

Title VII covers employers with 15 or more employees. Louisiana’s law typically applies to employers with 20 or more employees. If your employer is smaller, you may still have options such as tort claims for assault, battery, or intentional infliction of emotional distress, and there may be other statutes that apply. Talk to a lawyer about your specific facts.

What should I do right now if I am being harassed?

Document what happened with dates, times, locations, and witnesses. Save texts, emails, and messages. Review your employer’s anti-harassment policy and report the conduct through the designated channels. If there is danger, contact law enforcement. Consider consulting an attorney before or soon after reporting, especially if the harasser is a supervisor.

Can my employer fire me for reporting harassment?

No. Retaliation for reporting, opposing, or participating in an investigation of sexual harassment is illegal under federal and Louisiana law. Retaliation includes firing, demotions, reduced hours, undesirable shifts, or intimidation. Keep records of any changes after you report.

How long do I have to take legal action?

In Louisiana, you generally have up to 300 days from the last incident to file an EEOC charge for Title VII claims. After a Right to Sue letter, you typically have 90 days to file in federal court. For Louisiana state claims, you generally have 1 year from the last incident to file suit, with possible suspension for up to 6 months while an EEOC charge is pending. Deadlines can be complex, so get legal advice as soon as possible.

What if the harasser is a customer or vendor?

Employers can be liable if they know or should know about harassment by nonemployees and fail to take prompt corrective action. Report the conduct to management so the employer can intervene, such as by warning the customer, changing assignments, or taking other reasonable steps.

Do I have to complain internally before I file with the EEOC?

You are not legally required to complain internally before filing with the EEOC, but using the employer’s complaint process can be important evidence. Employers often raise a defense if you did not use available procedures. A lawyer can help you plan the timing and content of both internal and external complaints.

What compensation could I recover?

Potential remedies include back pay, reinstatement or front pay, compensatory damages for emotional distress, and attorney’s fees. Punitive damages may be available under federal law in some cases but are generally not available under Louisiana state law. Settlement terms vary widely based on the facts.

I am an independent contractor. Am I protected?

Title VII usually protects employees, not independent contractors. However, you may still have rights under other laws or contract and tort claims, and sometimes workers labeled as contractors are actually employees under the law. An attorney can evaluate your work relationship and identify possible claims.

How do school or college cases work in Lafayette?

Reports involving students or employees in education may proceed under Title IX. Schools must offer supportive measures, investigate, and follow grievance procedures. You can also consider criminal reports where appropriate. Deadlines and processes differ from workplace cases, so consult counsel familiar with Title IX.

Additional Resources

- Equal Employment Opportunity Commission New Orleans Field Office for federal charge filing and guidance.

- Louisiana Commission on Human Rights for state anti-discrimination enforcement and dual filing.

- Lafayette Consolidated Government Human Resources for city or parish employee complaints.

- University of Louisiana at Lafayette Title IX Office and the Lafayette Parish School System Title IX Coordinator for education-related reports.

- Lafayette Police Department and Lafayette Parish Sheriff’s Office for criminal reports such as sexual battery, stalking, or threats.

- Acadiana Legal Service Corporation for low income civil legal assistance in the Lafayette region.

- Louisiana State Bar Association Lawyer Referral Service for referrals to private attorneys experienced in employment and civil rights law.

- Hearts of Hope Sexual Trauma Center in Acadiana for confidential advocacy, counseling, and accompaniment services.

- Louisiana Crime Victim Reparations Program for eligible financial assistance after qualifying criminal offenses.

- 211 Helpline for local social services, counseling, and shelter resources.

Next Steps

1. Prioritize safety. If you are in danger, contact law enforcement. Seek medical care if needed and ask providers to preserve evidence.

2. Document everything. Write down dates, times, locations, what was said or done, and who witnessed it. Save emails, texts, chats, social media messages, and photos. Back them up in a safe place.

3. Review policies. Get a copy of your employer or school’s anti-harassment policy and follow the reporting steps. If the harasser is your direct supervisor, report to the next level as the policy instructs.

4. Consult an attorney early. A Lafayette-based employment or civil rights lawyer can evaluate your claims, preserve deadlines, and advise on internal reports, EEOC filings, and settlement options. Many offer consultations.

5. File timely. Consider filing a charge with the EEOC to preserve federal claims, and plan for any state law claims within Louisiana’s one-year deadline. Coordinate filings strategically to avoid missing your window.

6. Do not resign hastily. Quitting can affect legal claims and benefits. Talk to a lawyer before resigning unless you must leave for safety or health reasons.

7. Manage retaliation. If adverse actions follow your report, document them and notify HR or your attorney immediately. Retaliation is a separate legal violation.

8. Care for yourself. Seek counseling or advocacy support. Trusted allies and professional advocates can help you navigate the process.

This guide is for general information only and is not legal advice. Laws and deadlines can change and vary by circumstance. For advice about your situation in Lafayette, consult a qualified attorney.