A dangerous and alarming trend began to arise in the workplace and continues to this day and that is discrimination against some workers due to their age – age discrimination. The temptations for an employer to “find a reason” to fire an otherwise qualified and good worker because of their increasing age are numerous:
- Seniority – with seniority comes higher pay
- Retirement – long service periods with companies can lead to long retirement liabilities for a company’s balance sheet
- Sick Time – with age can come increasing health demands and time off
That temptation led Congress to act. In 1967 the United States Congress passed The Age Discrimination in Employment Act of 1967 (“ADEA”). This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. This means that the employer is prohibited from failing or refusing to hire or to discharge or discriminate in respect to compensation, terms, conditions, or privileges of employment.
In 1997 the Louisiana Legislature re-organized most of the employment discrimination statutes into one consolidated location at La R.S. 32:301 et. seq. This Louisiana statute mirrors the federal law fairly closely.
Therefore, under both State and Federal law a victim has a remedy that can include: back pay, benefits, reinstatement, attorney’s fees, court costs, and damages.
If you feel you have been a victim of discrimination or unlawful employment practices, do not hesitate. Many companies have teams of lawyers looking out for their interests, you need the experienced and dedicated team of paralegals, attorneys, and investigators, to assist you here at Sudduth & Associates. Remember that the sooner you get a lawyer involved on your behalf the better your chances of a positive outcome. Contact us today! 337-480-0101.