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Age Discrimination in The Workplace

Feb. 16, 2021

If you are 40 years of age or older and you have been discriminated against in the workplace because of your age, you can sue as per the Age Discrimination in Employment Act (ADEA). This federal law protects employees in your age bracket from unlawful age discrimination.

Top Examples of Age Discrimination in The Workplace

Age discrimination can be subtle or overt. Here are some ways you may be being discriminated against because of your advanced age:

  • You got fired because your boss prefers to keep younger employees on the payroll who can be paid less.

  • An employer refuses to hire you because you don’t look young.

  • You received a negative evaluation of your job because you are unable to take on projects that a younger employee can.

  • You did not receive a promotion that you deserved and which went to an employee who is younger but less experienced than you.

  • You were laid off during a company layoff in which younger and less experienced workers were kept onboard because your employer could afford to keep them.

  • Your supervisor would make age-related remarks about you before you were fired.

If you experienced any of the aforementioned, you can sue your employer for age discrimination.

Which Employers Are Covered?

Not every employer can be sued for this type of discrimination. The law applies to those employers who have at least 20 employees, whether they are state or federal. It also applies to employment agencies, the federal government, and labor unions. However, the law is not applicable to independent contractors and elected officials.

You may not be able to determine the number of employees your employer may have, but that is nothing that an experienced workplace discrimination attorney cannot uncover.

What You Can Do

Due to the complexities and differences between federal and state laws, you may face some challenges in your case. Here are some things you can do to streamline the process:

  • Write down any hints, remarks, or acts that were directed at you because of your age. This includes the circumstances surrounding the experiences.

  • Check out company policies that are based on age discrimination. If they contain options to address such conduct, you may not have a case.

The best thing to do is to consult with an attorney. Both state and federal laws protect employees against discrimination and unlawful treatment in the workplace. Don’t fear for job security. The Law Office of Michael Smith can ensure you get the compensation you deserve and can get a job after. Get in touch with us in Schaumburg, IL for a consultation today.