When employers treat job applicants or employees unfairly because of their age, they engage in age discrimination. This unfair treatment can affect hiring, firing, promotions, pay, training, and benefits. Age discrimination can also create a hostile work environment, where employees face harassment, insults, or jokes based on their age.
If you have experienced workplace age discrimination in Illinois, you have legal rights and may be entitled to compensation.
What is the Legal Definition of Age Discrimination?
Federal vs. Illinois Law
Under federal law, age discrimination applies to employees and job applicants aged 40 or older. The Age Discrimination in Employment Act (ADEA) covers employers with 20 or more employees, including employment agencies, labor organizations, and the federal government.
Illinois state law offers broader protections. Age discrimination is unlawful for employees and job applicants aged 40 and older, but in some cases, it can also apply to workers between 18 and 39 if the employer sets an age-based qualification for a position.
Examples of Age Discrimination in Employment
Age discrimination can occur at any stage of employment, including:
- Hiring and job recruitment
- Promotion, transfer, and assignments
- Performance evaluations and feedback
- Training, education, and career development
- Disciplinary actions, suspension, and termination
- Salary, bonuses, and benefits
How to Prove Age Discrimination in the Workplace
Age discrimination is often subtle and challenging to prove. Employers may disguise age bias as performance-related decisions. However, certain employment practices may indicate illegal age discrimination, including:
- Laying off or firing older employees at a higher rate than younger employees
- Denying promotions, training, or opportunities to older workers
- Excluding older employees from key meetings or events
- Hiring younger candidates despite equal or superior qualifications of older applicants
- Pressuring an older employee to retire, despite their ability to work
If you suspect age discrimination, gather strong evidence to support your claim.
Legal Remedies for Age Discrimination
If you have faced age discrimination at work, you may be entitled to legal remedies under federal and Illinois state law.
Remedies Under Federal Law (ADEA)
- Back pay for lost wages and benefits
- Front pay for future lost earnings
- Reinstatement to your job or position
- Liquidated damages, which double the amount of back pay if discrimination was willful
- Attorney’s fees and legal costs
Remedies Under Illinois Law
- Back pay and front pay for lost wages and benefits
- Reinstatement to your job or position
- Punitive damages to penalize the employer for reckless or malicious conduct
- Compensatory damages for emotional distress, pain, and suffering
- Attorney’s fees and costs
What to Do If You Experience Age Discrimination
If you believe you are facing age discrimination at work, take the following steps to protect your rights:
- Document Everything. Keep detailed records of dates, times, locations, and incidents related to discrimination. Save emails, texts, and performance reviews. Maintain copies of your employment contract, workplace policies, and any related communications.
- Report the Discrimination. Notify your HR department or a supervisor about the issue in writing. Follow your employer’s complaint procedure and keep copies of all responses.
- Consult an Employment Lawyer. If your employer does not take corrective action or retaliates against you, contact an Illinois employment discrimination attorney.
- File a Formal Complaint. File a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR) to seek justice.
Why Choose 1818 for Your Age Discrimination Case?
Age discrimination violates your rights. You do not have to accept unfair treatment. At 1818, our experienced employment litigation team is dedicated to fighting for your rights and holding employers accountable.
If you believe you have been subjected to age discrimination at work, contact us today for a confidential consultation. We are here to help you secure the justice you deserve.
