What Is Required to Prove Age Discrimination In Illinois?
Nov. 8, 2023
There are some parts of our lives that we have no control over, and age is one of them. So if you are discriminated against in the workplace because of your age, it can be devastating because it is part of who you are that cannot be changed.
At the Law Office of Michael Smith, our Illinois age discrimination lawyers understand how outrageous it can feel to be discriminated against because of your age. Robust state and federal laws protect you from age discrimination, and you have legal options if you can prove your case.
What Is Age Discrimination?
Age discrimination is any adverse action taken against a worker or applicant based on age. Discrimination based on age may be direct or indirect. For example, your employer could act against you because of your age, which is direct discrimination. Or, it could implement a company practice that adversely affects workers over 40, which is indirect age discrimination. Some common examples of age discrimination in the workplace are
Not hiring a worker because they are too old
Not promoting an employee because they will retire in a few years
Terminating an employee because of their age
Targeting workers over 40 for layoffs
Forcing workers to take an early retirement
Not providing an employee with a desirable project because of their age
Making comments at work about an employee’s age
An employee must be at least 30 for state and federal discrimination laws to apply. Laws that protect you from age discrimination are:
Illinois Human Rights Act (IHRA), which protects you from being discriminated against at work because of age. Under this law, employers may not act adversely against workers because they are 40 or older. Employers also cannot discriminate against a job applicant because of age.
Age Discrimination in Employment Act of 1967 (ADEA), is a federal law that protects workers in the US from discrimination in hiring based on age. It applies to employers with at least 20 workers.
How Do You Prove Age Discrimination?
To establish that you were discriminated against because of your age, you and your attorney may need to prove some or all of the following:
You are 40 years or older.
That your employer replaced you with another worker because they are younger than you.
A work policy was implemented that affected or targeted older workers.
Younger workers with similar capabilities received preferable treatment, promotions, or assignments.
When the discrimination occurred, you were doing your job well.
Retaining an experienced age discrimination attorney is essential to proving your claim. Your attorney has the resources, experience, and skill to uncover evidence that could entitle you to compensation.
Our Illinois Age Discrimination Lawyers Will Protect Your Rights
The Law Office of Michael Smith possesses extensive legal expertise and trial experience in age discrimination cases. If you believe you faced age discrimination at work, our attorneys will work tirelessly to prove the allegations and compensate you.
Contact our Illinois age discrimination lawyers today for a consultation by calling (847) 750-3851. Mr. Smith has 30 years of legal experience and is focused exclusively on fighting for his client’s legal rights.