Age discrimination involves being treated unfairly by an employer simply because of your age. This can include being overlooked for promotions, excluded from important projects or subjected to offensive jokes about your age. Employers may also pressure older workers to retire or terminate them simply because they believe younger employees are more adaptable or cost-effective.
Age Discrimination
Chicago Age Discrimination Attorney
The Age Discrimination in Employment Act of 1967 added age as a protected class under Title VII of the Civil Rights Act of 1964. Today, workers aged 40 and over are protected from discrimination in the workplace due to their ages.
Older workers can face many challenges in the workplace. One of these is prejudices about their capability to adapt to new technologies and workplace routines. Another is their perceived unwillingness to work with younger supervisors or colleagues. When an employer denies an employee a certain benefit or opportunity because of his or her age, the employee is a victim of age discrimination.
Examples of Age Discrimination
Many of the actions that can constitute gender, religion, or race discrimination can also be committed as acts of age discrimination. There are also unique ways older workers can experience discrimination in the workplace.
Examples of age discrimination that can occur in the workplace include:
- Passing over an older individual for a promotion or refusing to hire individuals over a certain age;
- Leaving older individuals out of projects, initiatives, and professional development opportunities;
- Harassing older individuals with inappropriate jokes and comments;
- Denying older workers certain benefits that younger workers receive; and
- Pressuring older employees to retire or terminating older employees who do not retire at an expected date.
What to Do if You Face Age Discrimination
Do not simply assume that there is nothing you can do about the treatment you face. You can – and should – report all instances of discrimination you face to your supervisor and your company’s Human Resources department. If you cannot have your issues corrected with these parties, consider filing an age discrimination claim with the Equal Employment Opportunity Commission (EEOC).
Save all evidence you have of the discrimination you faced. You will need it to support your discrimination claim. This body of evidence can include:
- Dated documentation of interactions where you felt you faced discrimination because of your age;
- Printed emails, messages, and other online documents that demonstrate the discrimination;
- A copy of your complaint with Human Resources regarding the discrimination;
- Testimonies from your coworkers about the discrimination; and
- Any other evidence that you feel helps your claim, such as who was chosen for the position you did not receive.
After filing your claim with the EEOC, the agency will investigate your case to determine if discrimination occurred and, if so, the most effective way to remedy the issue. If it finds you suffered financial damages because of the discrimination, it could facilitate a settlement for you. If you cannot reach a settlement with your employer, you can file a discrimination lawsuit to have the court rule on your case.
Work with an Experienced Chicago Employment Lawyer
Age discrimination hurts workers of all ages. If you are a victim of age discrimination, do not simply allow it to continue to hamper your career. Contact The Law Office of Mitchell A. Kline today to set up your initial consultation with an experienced age discrimination lawyer who can help you file your claim and pursue the compensation you deserve for your discrimination-related damages.
FAQs About Age Discrimination in Illinois
What Does Age Discrimination Look Like in the Workplace?
Who is Protected From Age Discrimination in Illinois?
The Age Discrimination in Employment Act safeguards workers aged 40 and older from workplace discrimination. This federal law covers employers with 20 or more employees and governs various aspects of employment, including hiring, firing, promotions, benefits and other workplace decisions. Illinois state law may provide additional protections, so it’s important to understand both federal and state standards.
What Steps Should I Take If I'm Experiencing Age Discrimination?
Start by documenting every instance of discrimination you face, including dates, times and witnesses. Report the discrimination to your supervisor and Human Resources department in writing. If your employer ignores or does not adequately address the issue, you have the right to file a complaint with the EEOC, which can closely investigate your claim and help you pursue a resolution.
What Kind of Evidence Do I Need To Support My Claim?
Strong evidence is essential to proving age discrimination. Keep detailed records of discriminatory incidents, including emails, text messages, performance reviews and witness statements. Document how younger employees were treated differently in similar situations, such as receiving promotions or training opportunities you were denied.
What Happens After I File a Claim?
The EEOC will investigate by reviewing your evidence, interviewing witnesses and requesting information from your employer. If the EEOC identifies reasonable cause to acknowledge discrimination occurred, it may attempt to facilitate a settlement between you and your employer. If no settlement is reached, the EEOC may file a lawsuit for you or issue you a “right to sue” letter.
How Can a Lawyer Help?
An experienced age discrimination attorney can guide you through every step of the claims process, from documenting evidence to negotiating settlements or representing you in court. A lawyer understands employment law and can defend your rights while working towards the compensation you deserve.
What Our Clients Are Saying
I had a great experience working with Mr. Kline. He is very professional, responsive, and made the entire process smooth and stress-free. I truly appreciated his clear communication, attention to detail, and genuine care for my case. I would highly recommend him. Thank you for your support and guidance!
Mitchell Kline and his team are amazing. They handled everything with my case very well and made this very easy for me. Would definitely recommend their services and use them in the future. Thank you! You guys are great!
Mitch obviously is well experienced in his field and initially set my expectations properly which is one of the most important things I believe in. He navigated all of the processes in order to facilitate a successful outcome for me. I don't write very many reviews unless they are warranted,...