Age Discrimination At Work

The The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.

• It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
• An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).
• Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40

Louisiana Law, LA Rev Stat 23:332 prohibits intentional employment discrimination. 

• Title 23 Labor and Workers Compensation - RS 23:332 Intentional Discrimination in Employment 

• LA Rev Stat § 23:312 prohibits age employment discrimination to those who are at least 40 years of age or older. 

Retaliation claims for other types of discrimination complaints are not covered under the Louisiana Employment Discrimination Law. Under La. Rev. Stat. § 23:967 General Whistleblower Protection Law an employee may not be discharged (or discriminated against) in retaliation for performing, in good faith, the following activities:

1. Disclosing (or threatening to disclose) a workplace act or practice that violates state law;

2. Providing information or testimony in a public investigation, hearing, or inquiry into any violation of the law;

3. Refusing to participate in (or objecting to) an illegal employment act;

4. To be protected under this statute, the employee must first inform the employer of the violation. An employee is not protected if he goes directly to a governmental agency without first advising the employer. Also, an employee must be certain that the illegal conduct actually happened; a reasonable, good faith belief will not protect an employee if no violation actually occurred. 

The general rule is that most employees may be fired at any time-for any reason or for no reason at all-under what is known as the at-will employment doctrine. However, there are exceptions to the general rule; the Louisiana whistleblower protection statute. Employees who engage in protected activities (usually filing a complaint or testifying) under laws in the following subject areas are protected from retaliation: health care employees, insurer employees, labor investigations & proceedings, and workers' compensation.

In addition to the above state protections, federal law provides workers with additional protections. Furthermore, a private contract or collective bargaining agreement may also protect employees from certain forms of retaliation.

Laws like The Age Discrimination in Employment Act (ADEA), require you to file a charge of discrimination with the require you to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Louisiana Commission on Human Rights (LCHR) before you can file a discrimination lawsuit against your employer. An individual alleging a violation of ADEA must file a charge with the EEOC or LCHR before you can file a discrimination claim in federal court. You can also file your claim in state court based on state law without filing with the EEOC or LCHR first.

1. To File a Claim with the Equal Employment Opportunity Commission (EEOC):

   • Within 180 days of the alleged unlawful compensation practice.

   • 20 or more employees who have worked for the employer for at least twenty calendar weeks (in this year or last) under age discrimination. (15 or more employees under the EEOC for disability, equal pay/equal compensation, national origin, race/color, religious, and sex-based employment discrimination) 

2. To File with the Louisiana Commission on Human Rights (LCHR):

   • Within 180 days of the alleged unlawful compensation practice

   • 20 or more employees who have worked for the employer for at least twenty calendar weeks (in this year or last).

3. To File in a State Court under Louisiana State Law:

   • You may file a claim under state law without having first gone to either the EEOC or LCHR.

   • Generally, to preserve your claim under state law based on your state discrimination claims, you must file within 1-year or 360 days of the date you believe you were discriminated against. 

   • If you file your discrimination claim with the EEOC or LCHR within 300 days of the discriminatory treatment, then you have an additional 6-month extension from the 1-year period to file your claim in Louisiana state court (meaning you have 18 total months).

   • A case filed in state court using federal law may be “removed” to federal court by the employer because it involves a federal statute such as Title VII, ADEA, ADA, GINA, and/or PDA because the employer is based in another state.