Because Plaintiff's EEOC charge contains only allegations that would support an age discrimination failure to promote claim, which Plaintiff has abandoned, the EEOC charge does not satisfy the written notice requirement of La. R.S. 23:303(c), and the Court must dismiss these claims without prejudice as premature.See Costin v. GOTECH, Inc., No. 16-873-SDD-RLB, 2018 WL 3451513 (M.D. La. July 18, 2018)(“ Further, courts have repeatedly distinguished retaliatory termination from a harassment/hostile work environment claim. The Fifth Circuit has expressly held that the continuing violations doctrine does not apply to claims of retaliation because “retaliation is, by definition, a discrete act, not a pattern of behavior.”)
Without this information, LPSB cannot frame a viable response or assert defenses to the claim. See, e.g., Costin v. GOTECH, Inc., No. CV 16-873-SDD-RLB, 2018 WL 3451513, at *9 (M.D. La. July 17, 2018) (allegations did not include any reference or citation to Louisiana laws or statutes that were violated). The Court identified this problem in its prior ruling, yet Yazdi still has not identified the specific statute (or statutes) or regulations upon which she is basing her claim despite an opportunity to re-plead.