When an employer treats an employee or job applicant less favorably because of age, things cross the line into age discrimination. And when we say “less favorably, we mean everything from hiring to firing, promotion, compensation, training, and even how benefits are applied. Age discrimination can create a hostile work environment, where an employee is subjected to harassment, insults, or jokes based on their age. Not good!
In this post, we will explain what the law says about age discrimination in Illinois, what remedies are available for victims of age discrimination, and what steps you can take if you have experienced or witnessed age discrimination in your workplace.
What is the Legal Definition of Age Discrimination? Federal vs. State Law.
Under federal law, the Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees and job applicants who are 40 years old or older. The ADEA applies to employers with 20 or more employees, as well as to employment agencies, labor organizations, and the federal government.
Under Illinois law, employees have an extra layer of protection. The Illinois Human Rights Act (IHRA) prohibits age discrimination against employees and job applicants who are 40 years old or older, or who are between 18 and 39 years old if the employer has a bona fide occupational qualification that requires a certain age range. The IHRA applies to employers with 15 or more employees, as well as to employment agencies, labor organizations, and the state and local governments.
Both the ADEA and the IHRA prohibit age discrimination in any aspect of employment, including:
- Recruitment, advertising, and hiring
- Compensation, benefits, and bonuses
- Training, education, and development
- Promotion, transfer, and assignment
- Performance evaluation and feedback
- Discipline, suspension, and termination
- Retirement, pension, and severance
Both the ADEA and the IHRA also prohibit retaliation against employees who complain about, oppose, or participate in an investigation or a lawsuit related to age discrimination.
What are the Legal Remedies for Age Discrimination?
If you have been a victim of age discrimination, you may be entitled to various legal remedies, depending on the nature and extent of the discrimination, and the law under which you file your claim.
Under the ADEA, you may be able to recover:
- Back pay, which is the amount of wages and benefits you lost as a result of the discrimination
- Front pay, which is the amount of wages and benefits you would have earned in the future if the discrimination had not occurred
- Reinstatement, which is the restoration of your job or position
- Liquidated damages, which are double the amount of back pay if the employer’s discrimination was willful
- Attorney’s fees and costs, which are the expenses you incurred in pursuing your claim
Under the IHRA, you may be able to recover:
- Back pay, which is the amount of wages and benefits you lost as a result of the discrimination
- Front pay, which is the amount of wages and benefits you would have earned in the future if the discrimination had not occurred
- Reinstatement, which is the restoration of your job or position
- Compensatory damages, which are the amount of money you need to compensate for your emotional distress, pain and suffering, and loss of enjoyment of life caused by the discrimination
- Punitive damages, which are the amount of money you need to punish the employer for their malicious or reckless conduct and to deter them from future discrimination
- Attorney’s fees and costs, which are the expenses you incurred in pursuing your claim
What are the Steps to Take if You Have Experienced or Witnessed Age Discrimination?
If you have experienced or witnessed age discrimination in your workplace, you should take the following steps to protect your rights and seek justice:
- Document the discrimination. Keep a record of the dates, times, places, and details of the discriminatory actions, as well as any witnesses, evidence, or communication that support your claim. Also, keep copies of your employment contract, policies, handbook, performance reviews, pay stubs, and other documents that show your work history and achievements.
- Report the discrimination. Notify your supervisor, human resources department, or another appropriate person within your organization about the discrimination and ask them to stop it or remedy it. Follow your employer’s policies and procedures for reporting and resolving complaints, and keep copies of any written or verbal responses you receive.
- File a charge of discrimination. If your employer does not address or resolve the discrimination, you can file a formal charge of discrimination with the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADEA, or the Illinois Department of Human Rights (IDHR), the state agency that enforces the IHRA. You must file your charge within a certain time limit, which varies depending on the law and the agency. For example, you have 180 days to file a charge with the IDHR and 300 days to file a charge with the EEOC. In most cases, filing a charge is a prerequisite for filing a lawsuit.
- Consult a qualified attorney. An attorney can advise you on your rights, options, and remedies and help you prepare and file your charge or lawsuit. Make sure you have good legal representation in case you need to go through negotiations, mediation, arbitration, or litigation and seek compensation or other relief for the harm you suffered.
Age discrimination is a serious violation of your rights and dignity as an employee. You do not have to tolerate or accept it. You can take action to stop it and hold your employer accountable. If you need legal assistance, contact a qualified and experienced employment lawyer today. Come get some Justice!