It’s illegal to treat employees or job applicants unfairly because they’re over 40, but age discrimination still happens. If you think you’ve been a victim of age discrimination, it’s important to understand your rights and get legal advice.
Federal and state laws protect workers from age discrimination, and an experienced age discrimination attorney can help you navigate the legal system, gather evidence, and fight for your rights.
What Constitutes Age Discrimination in Illinois?
Age discrimination happens when an employer treats an employee or job applicant unfairly because of their age. In Illinois, this protection generally applies to people age 40 and over.
There are two main types of age discrimination: direct and indirect. Direct discrimination is when an employer openly admits they’re making decisions based on age. Indirect discrimination is when a company policy seems fair on the surface, but it disproportionately affects older workers.
Here are some common examples of age discrimination in the workplace:
- Being denied promotions even though you’re qualified, while younger, less experienced employees are promoted instead.
- Receiving negative performance reviews that seem unfair, often as an excuse to fire you.
- Being excluded from training opportunities that could help you advance your career.
- Experiencing layoffs or restructuring that disproportionately impact older workers.
- Hearing age-related jokes or comments, which can be subtle but damaging signs of bias.
Legal Protections Against Age Discrimination: Federal and Illinois Laws
Both federal and Illinois state laws protect workers from age discrimination.
The Age Discrimination in Employment Act (ADEA)
The ADEA is a federal law that protects people age 40 and over from being discriminated against at work because of their age. It applies to companies with 20 or more employees.
The Older Workers Benefit Protection Act (OWBPA) is an amendment to the ADEA that protects older workers from being discriminated against when it comes to benefits.
The Illinois Human Rights Act (IHRA)
The IHRA is an Illinois state law that prohibits age discrimination in employment. In some cases, the IHRA may offer broader protections or a wider range of remedies than the ADEA.
Key Differences and Overlaps
It’s possible to file a claim under both the ADEA and the IHRA at the same time. An attorney can help you decide which law provides the strongest basis for your claim and the best legal strategy, given the specifics of your situation.
The Role of an Illinois Age Discrimination Attorney
If you feel you’ve been discriminated against at work because of your age, an Illinois age discrimination attorney can help you build your case, navigate the legal process, and represent you in court.
Investigating and Building Your Case
An attorney can help you gather evidence to support your claim. They can obtain company records, conduct witness interviews, and examine employment data to look for patterns of discrimination. Thorough documentation of discriminatory conduct, emails, and performance reviews is essential in proving your case.
Navigating the Legal Process
An attorney can guide you through the process of filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Human Rights Commission (IHRC), ensuring that all deadlines are met and the paperwork is properly completed. They can also negotiate with your employer to reach a fair settlement agreement, potentially resolving the matter without going to court.
Representing You in Court
If a settlement cannot be reached, an attorney can represent you in court, presenting evidence, arguing your case, and advocating for your rights. Proving age discrimination can be challenging, but an experienced attorney can help you overcome these obstacles and fight for justice.
Potential Damages in an Illinois Age Discrimination Case
If you’ve been discriminated against because of your age, you may be entitled to compensation for your losses.
Types of recoverable damages
- Compensatory damages. This includes back pay, or the wages and benefits you lost because of the discriminatory actions.
- Emotional distress damages. You may be able to recover compensation for the emotional suffering the discrimination caused.
- Punitive damages. If your employer’s actions were particularly egregious, you may be awarded punitive damages, which are meant to punish the employer.
Attorney’s fees and costs
In successful age discrimination cases, you may be able to recover your attorney’s fees, which can ease the financial burden of pursuing your claim.
Equitable relief
A court may order your employer to reinstate you to your previous job. A court may also order other remedies, such as changes to company policy.
In Summary
If you suspect you’re facing age discrimination at work, be sure to document every instance. Keep careful notes of discriminatory comments, actions, and how they’ve affected your job or career.
It’s also a good idea to talk with an experienced Illinois employment attorney. A lawyer can evaluate your case, explain your legal options, and advocate for your rights.
Don’t let age discrimination hold you back. With the right legal support, you can take action and pursue justice.