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Law Office of Michael T. Smith
Northern Illinois Employment Law Firm

Age Discrimination Issues in the Workplace

Employment discrimination occurs when an employee or a job seeker is treated unfavorably due to their race, national origin, skin color, gender, gender identity, sexual orientation, religion, disability, or age. According to the U.S. Equal Employment Opportunity Commission, "Age discrimination involves treating an applicant or employee less favorably because of his or her age."

Firing an employee based on their age factor, instead of skills, capabilities, and behavior, is a wrongful termination. In this case, the employee should consult a reputable, well-versed employment lawyer to protect his/her job. In fact, judging older workers merely on the basis of their age factor rather than abilities can gravely affect workers' financial security, especially at the time as well as into their retirement. However, it is a challenging case to bring in court as well as a tough one to win. In addition, it can also be financially as well as emotionally draining, and you may hardly get a day in court for this matter.

Believe it or not, employment seekers are presently reporting age discrimination even as early as their mid-thirties. Thus, they can eventually be viewed as washed up in certain industries by the time when they reach their forties. That is why there are laws that forbid any kind of employment discrimination based on the age factor. The Age Discrimination in Employment Act of 1967 (ADEA) strictly prohibits age discrimination against individuals who are forty or over.

Just to make you aware that discrimination can occur only when the victim, as well as the individual who inflicted such discrimination, are both over forty years of age. Also, the discrimination can occur in any aspect of employment, like hiring, termination, job assignments, salary, benefits, training, layoff, promotions, and other terms and conditions of employment.

You hold the right to initiate legal proceedings if you believe you are facing age discrimination. However, always consider negotiating with your supervisor or employer first or taking advantage of your organization's already established grievance system. You may be able to convince your employer to settle the matter with you when your case is already strong. In fact, according to experienced and reputable employment discrimination lawyers, employers often prefer out of court settlement for cases when employees have one or more solid evidence of age bias.

If you are facing age discrimination at your workplace, you should contact the Law Office of Michael T. Smith today at 847.220.5197 to schedule an initial consultation and discuss your case.

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