Timothy Wilcox, Sr., a 62-year-old resident of Lake Charles, Louisiana, has filed a lawsuit against his former employer, Lotte Chemical USA Corporation and its affiliates, alleging age discrimination and retaliation. The complaint was filed on September 24, 2024, in the United States District Court for the Western District of Louisiana. Wilcox accuses Lotte Chemical USA of violating the Age Discrimination and Employment Act as well as state laws regarding employment discrimination.
Wilcox's legal battle began after he experienced what he describes as persistent age-based harassment following a change in his supervisory chain in 2020. Initially hired by Lotte Chemical USA in 2018 as a Supervisor and later serving as Safety Advisor II, Wilcox claims that after his supervisor Mr. Byron Ardoin resigned, his new supervisor Mr. Andy Lavin subjected him to discriminatory behavior. This included derogatory remarks about his age and exclusion from essential meetings and tasks. Despite these challenges, Wilcox chose to endure the situation due to his financial plans for retirement at age 67.
The situation escalated when Wilcox's daughter filed a complaint with the company's Human Resources Department in March 2022 on behalf of both herself and her father. She reported that another employee, Mr. Mark Gray—who is close friends with Lavin—was also harassing her father with similar age-related comments. Although an investigation was initiated by an external law firm following multiple complaints from other employees about Lavin's conduct towards Wilcox, no significant action was taken against Lavin. Instead, Wilcox found himself isolated in what was mockingly referred to as "protective custody," stripped of meaningful work responsibilities.
In April 2024, despite being promised a return to his previous role and office space, Wilcox continued to face resistance from Lavin who falsely claimed there was no office available for him. Feeling unsupported by Human Resources and facing ongoing discrimination without recourse, Wilcox concluded that he had been constructively discharged by May 14, 2024.
Wilcox seeks various forms of relief through this lawsuit including declaratory judgment that the practices were illegal under federal and state law; compensation for lost wages (both past and future), damages for emotional distress caused by the alleged hostile work environment; attorney fees; and any additional relief deemed appropriate by the court.
Representing Timothy Wilcox is Allison A. Jones from Downer, Jones, Marino & Wilhite based in Shreveport, Louisiana. The case is presided over by an unnamed judge within the jurisdiction of the Western District of Louisiana under Case ID: 2:24-cv-01309.