Legal Question in Discrimination Law in Louisiana

Re: Former Employee EEOC Filing

You can sue for it, but your chances of recovery are not good. In general, people are protected from retaliation for bringing EEOC charges. Just because the charge was found unsustainable by the EEOC does not necessarily mean that it was brought in bad faith.

If the charge was totally and completely without merit and was brought in bad faith simply to harass the employer (something not easy to prove), it may be an abuse of process, which is actionable and would allow you to recover your attorney's fee expenditures.

Unless the charge was completely without any merit at all and obviously brought simply to harass you and your company, I would just move on and be happy for the win.

By the way, even if the EEOC refuses to prosecute a case, that it not necessarily the end of the matter. The EEOC often refuses to accept harassment cases when an attorney is involved for the plaintiff. They give the plaintiff a "right to sue letter", which is just a letter stating that EEOC will not pursue the matter and the plaintiff will have to fight the matter in court. It is not an adjudication on the merits and it is only the beginning of the case--not the end. The plaintiff may file suit soon after getting this letter.