You can’t skip the paperwork: Careful review of EEOC charges matters

A recent decision by the U.S. District Court for the Eastern District of Louisiana highlights a critical lesson for employers facing workplace discrimination claims: All employee filings with the Equal Employment Opportunity Commission (EEOC) should be heavily scrutinized—if an employee didn’t raise an issue in the EEOC charge, they may not be able to include it in a subsequent lawsuit.

Worker claims unlawful discrimination

John Fernandez, an African-American employee at American Sugar Refining, Inc. (known for Domino Sugar), alleged in his lawsuit that he found himself at the center of a racially and sexually hostile work environment. According to court documents, he claimed his coworkers made racially offensive remarks, engaged in unwanted touching, and spread rumors about his mental health as a pretext (excuse) for his eventual termination.

The workplace incidents Fernandez described in his lawsuit painted a troubling picture. He alleged that fellow employees asked his opinion about a video with a racial slur in the title, that he was given what he called “a made-up job” to separate him from white coworkers, and that colleagues generally refused to work with him because of his race. He claimed that when he complained about false stories regarding his mental health, the company required him to undergo a mental evaluation.