Baton Rouge Age Discrimination Lawyer

Were you treated unfairly at work because of your age in Baton Rouge, LA?

At Palmintier, Thrower, and Treuting Injury Attorneys, we are trusted employment discrimination lawyers with over 80 years of combined experience.

If you were terminated, denied a promotion, or selected for early retirement because of your age, our Baton Rouge, LA age discrimination lawyer can evaluate the employer’s decision, gather the relevant evidence, and pursue the wages and benefits you lost. We prepare and file the administrative charge, respond to the agency investigation, and handle any litigation that follows.

Palmintier, Thrower, and Treuting Injury Attorneys has more than 80 years of combined trial experience in Louisiana state and federal courts. Schedule a free consultation to have your claim evaluated.

Age Discrimination Lawyer Baton Rouge, LA

Age discrimination occurs when an employer treats a worker who is 40 or older less favorably because of age. It applies to hiring, compensation, assignments, promotions, discipline, layoffs, and termination. Federal protection covers employers with 20 or more employees, and Louisiana applies the same threshold to claims brought under state law. The EEOC age guidance extends this protection to job applicants as well as current employees.

EEOC charge data shows that Louisiana workers filed 113 age discrimination charges in fiscal year 2022, approximately 12.9% of all discrimination charges filed in the state that year. Direct evidence of age bias is uncommon, so these claims are ordinarily established through documentation, comparative treatment, and the timing of the employer’s decision.

Types of Age Discrimination Cases We Handle in Baton Rouge

Age discrimination arises across a range of employment decisions, from hiring through separation. Our attorneys represent employees in each of the following categories of age-based claims in Baton Rouge, LA.

  • Wrongful termination. Employers commonly attribute the termination of an older employee to performance, restructuring, or organizational fit. We review the timing of the decision, the documentation created before and after it, and the age and qualifications of the individual who assumed the duties.
  • Failure to promote. Older candidates are passed over for positions they are qualified to fill. We compare the employer’s stated promotion criteria against interview records, internal recommendations, and the qualifications of the selected candidate.
  • Hiring discrimination. Job postings that specify recent graduates, interview questions directed at graduation dates, and applications that cease advancing after an applicant’s age becomes apparent may support a claim under federal and state law.
  • Forced or pressured retirement. Buyout offers with short response deadlines, repeated references to an employee’s retirement plans, and schedule or territory changes that make continued employment impractical may constitute constructive discharge.
  • Reductions in force. Layoffs that disproportionately affect employees over 40 warrant review of the selection criteria, the decision-makers involved, and the ages of the employees retained.
  • Demotion and pay disparity. Title changes, commission restructuring, account reassignments, and reduced hours that lower earnings without a legitimate business justification are actionable even when employment continues.
  • Workplace harassment. Repeated comments regarding an employee’s age, together with exclusion from meetings, training, or client contact, may establish a hostile work environment when the conduct is sustained rather than isolated.
  • Retaliation. Discipline, reassignment, or termination following an internal complaint or an administrative charge constitutes a separate claim under both federal and Louisiana law.

Why Choose Palmintier, Thrower, and Treuting Injury Attorneys as my Age Discrimination Lawyer in Baton Rouge, LA?

Louisiana Trial Experience, Including the Defense Perspective

Michael C. Palmintier has been admitted to practice in Louisiana since 1975 and is a past president of the Louisiana Association for Justice. He also holds membership in the Louisiana Association of Defense Counsel, which provides familiarity with the methods opposing parties use to develop a defense record. Joshua Michael Palmintier is admitted before all three Louisiana federal districts and the Fifth Circuit and has more than two decades of litigation experience. Jason Thrower has practiced since 2006 and teaches law at Southern University Law Center. The firm has been recognized by The National Trial Lawyers and maintains membership in the Baton Rouge Bar Association. These are the credentials a client should review when selecting an employment lawyer in Baton Rouge, LA, along with the other questions worth asking before hiring any firm.

Our firm has recovered over $1 billion for clients across its practice.

What Is Important To Understand About Age Discrimination Cases?

Damages, Liability, and Compensation for Age Discrimination Cases

Recovery depends on whether the claim proceeds under federal law, Louisiana law, or both, and it is calculated principally from what the position would have paid.

  • Back pay. Wages, overtime, and bonuses lost between the adverse decision and the resolution of the claim.
  • Front pay. Future earnings awarded when reinstatement to the position is not a practical remedy.
  • Lost benefits. Health coverage, retirement contributions, and pension or equity value tied to continued employment.
  • Liquidated damages. An additional amount available under federal law when the violation is found to have been willful.
  • Reinstatement. A return to the position, available in certain circumstances.
  • Attorney’s fees and costs. Recoverable by an employee who prevails on the claim.

The available remedies are not identical on the federal and state tracks, which is one reason the filing decision warrants attention at the outset of a case.

What Are Important Aspects of an Age Discrimination Case?

These claims are generally established through comparison and timing rather than through direct statements, so we obtain the employer’s records before a filing is made. The following categories of evidence carry the most weight.

  • The identity and age of the employee who assumed your responsibilities
  • What your performance reviews stated before the decision, and how that assessment changed afterward
  • Whether the employer’s stated reason for the decision has changed over time
  • How comparable younger employees were treated in similar circumstances
  • What was said, by whom, and which other employees were present

Employers frequently propose resolution through a severance agreement containing a release of claims. Because a release may extinguish a claim before its value has been determined, we advise clients not to settle without legal help.

What Is The Age Discrimination Case Timeline?

Federal age discrimination claims proceed through an administrative charge before a lawsuit may be filed in court. The sequence generally follows these stages.

  • Filing the charge. In Louisiana, an employee generally has 300 days from the discriminatory act to file a charge with the EEOC.
  • Agency review. The EEOC may investigate the charge, may offer mediation, and dual-files the matter with the state commission.
  • Notice of Right to Sue. Once the notice is issued, an employee has 90 days to file suit in court.
  • Litigation. Written discovery, depositions, and motion practice ordinarily proceed in federal court in Baton Rouge.
  • Resolution. The majority of claims resolve through settlement, though some proceed to trial.

Claims brought under Louisiana’s employment discrimination law carry a one-year deadline, subject to a limited suspension of up to six months while an administrative review remains pending. Because the federal and state deadlines run on different schedules, we calendar both and work to whichever expires first.

What Should You Bring to Your Age Discrimination Consultation?

Bring whatever documentation is available to you. It does not need to be organized in advance.

  • Offer letters, employment contracts, handbooks, and any severance or separation agreement
  • Performance reviews, written warnings, and correspondence concerning your work
  • Pay stubs, benefits statements, and retirement account records
  • Your own notes on what was said, with dates and names where available
  • Any correspondence received from the EEOC or the Louisiana Commission on Human Rights

The consultation is a review of the events at issue and the options available to you. Fee arrangements are addressed at that time, which is one of several matters worth understanding about a free consultation beforehand.

Baton Rouge Employment Discrimination Resources

Three offices are relevant to an age discrimination claim brought in Baton Rouge, LA.

  • EEOC New Orleans Field Office. The federal office with jurisdiction over Louisiana charges. Its guidance on filing a charge explains the intake process and the online public portal.
  • Louisiana Commission on Human Rights. Located on North 23rd Street in Baton Rouge, the Commission on Human Rights enforces state discrimination law and dual-files charges with the EEOC.
  • U.S. District Court, Middle District of Louisiana. Federal suits arising in East Baton Rouge Parish are filed at the Russell B. Long Federal Building on Florida Street, and the Middle District of Louisiana covers nine parishes.

Reach Out to Palmintier, Thrower, and Treuting Injury Attorneys to Schedule a Consultation

A free consultation with Palmintier, Thrower, and Treuting Injury Attorneys will provide a direct assessment of whether you have an age discrimination claim and what pursuing it would involve. Fee arrangements are discussed during the same meeting, so the cost of representation is clear before you retain counsel. Contact us to schedule a review with our Baton Rouge age discrimination attorney. We respond to new inquiries promptly and our office is open on weekdays.