What To Do If Told You're Too Old For Job
May 24, 2023
Illinois is an at-will employment state, so an organization may fire workers without cause and at any time. However, if they discriminate against and terminate you, that is another matter. Age discrimination in the workplace is illegal in Illinois, so if you think it happened to you, talk to our Illinois age discrimination attorney at Law Office of Michael Smith.
How Common Is Age Discrimination In America?
Age discrimination often happens in the United States and 2/3 of workers between 45-74 claim they have seen or experienced this type of discrimination. Also, job seekers at least 35 years old say it is a significant obstacle to getting a job. Unfortunately, if you work in entertainment or technology, you may be even more likely to face age discrimination. Furthermore, most people think age discrimination starts in America when people turn 50, and 22% of those surveyed recently said they believe it begins even before that.
Age Discrimination Overview
If you are at least 40 and believe a decision about your job was based on your age, you might have an age discrimination claim, especially if someone says you are too old. You also may have an age discrimination claim in these cases:
● You receive a negative performance review because the company thinks you must be more active in handling new projects.
● You were not hired because the company indicates it wants younger workers at a lower salary.
● You notice that most layoffs were among older staff, and younger employees kept their jobs, even when they lacked experience.
● Your manager commented that you are too old for your job before terminating you. Offhand comments such as ‘old man’ or other derogatory references to age also could be the basis of a lawsuit.
Remember, age discrimination is against state and federal law, including:
● Illinois Human Rights Act (IHRA): This makes it illegal for employers to discriminate based on age in hiring, recruiting, terminating, and promoting. The Act also offers robust legal protections because the law applies to all organizations in the state with at least one worker.
● Age Discrimination In Employment Act (ADEA): This makes it against the law for organizations to discriminate against workers who are 40 or older, including in hiring, promoting, terminating, and compensating. However, this law only applies to companies with at least 20 workers.
● Older Workers Benefits Protection Act (OWBPA): This amended the ADEA to safeguard older employees from being denied benefits because of how old they are.
How To File An Age Discrimination Claim
You should speak to an attorney to protect your rights if you think you were fired or not hired because of your age. Engaging an attorney is also helpful if a company retaliates against you for taking a protected action, such as whistleblowing. Filing an age discrimination claim requires several steps, and you need permission from the EEOC to do so. Your attorney can walk you through this complex process.
Contact Our Illinois Age Discrimination Attorney Today
Some parts of life are not in our control, and our age is one of them. Were you told you are too old for a job in Illinois? You could be eligible for an Illinois age discrimination claim, so speak to our Illinois age discrimination attorney at Law Office of Michael Smith today at (847) 466-1099.