Age

Age Discrimination is defined as any negative employment action against an employee or prospective employee who is over 40. There are more and more types of age discrimination today because of the tough economy. If age is utilized to limit an employee or prospective employee a claim may be filed. It can be filed with either the Illinois Department of Human Rights or the Equal Employment Opportunity Commission. Both agencies will investigate claims and try and hold the company responsible. Both agencies will work with the attorney. Allowing me to ensure witnesses are interviewed and the right documents are secured from the company. I have experience as a Chicago age discrimination lawyer, and am here to help you.

Many times employers will ask a prospective employee questions that are formed to get the age of the prospective employee. For example, the employer will ask the year you graduated from high school, as a way of determining your age. Additionally, many times an employer can look at the work history of an employee and determine the persons age. Employers think that older workers cost more money and cost more in benefits. They also believe that older workers are more likely to not get pushed around and to not work without pay. Younger employees will do whar they are told because they are naive and want to keep their job. Employers take advantage of this and try to get extra work without pay out of younger employees.

Action Items

One thing that employers fail to take into consideration is how much experience and maturity an older worker brings to the job. This more then offsets the extra money and higher medical premiums. One thing is clear, an employer may not treat a person over 40 different from a person under 40. The damages when a company treats a person different based on age can be substantial. First, if successful the person will be able to collect lost wages, attorney fees, and money for emotional distress. The lost wages can be in the hundreds of thousands of dollars if they job pays enough and the lost wage damage can be proved to that amount. Many times employment records of all employees can be utilized to show a pattern of discriminatory behavior by the company directed at older workers. This requires an experienced employment attorney and also some favorable facts.

If this is happening to you what should you do? Take immediate action because there are strict time limits involved in filing a claim of discrimination in Illinois. In Chicago there are even more options but there are still strict time limits. My Chicago office handles these types of cases. I can usually negotiate a successful settlement on cases that have supporting facts. However, I can’t determine the facts of the case if you don’t set up an appointment and discuss them with me. Remember the company has legal help and advisers helping them–you should too.

ADEA

In 2020 the United States Supreme Court heard a case on age discrimination based on the Age Discrimination in Employment Act (“ADEA“). I Babb v. Wilkie the Court held that if age has been a factor in an employment decision, the ADEA has been violated. This is great news for employees. No longer does one have to prove it was the only factor but just that it was a factor.