Age discrimination in the workplace
If you are over age 40 and believe you have been discriminated against by an employer because of your age, a new U.S. Supreme Court ruling makes it easier for you to file an age bias claim.
The ruling allows an employee to file a lawsuit related to terms and conditions of employment, even if the company did not intend harm. It is estimated that there are about 75 million middle-age and older people who could be impacted by the court's decision.
The new rule, which was issued by the U.S. Supreme Court in March 2005, is expected to open the door for more lawsuits challenging layoffs and changes in employer compensation and retirement plans. But it doesn't mean that older workers will automatically have a leg up if they choose to file a lawsuit. The ruling states that employers can cite "reasonable" factors such as necessary cost-cutting to justify practices that may hurt older workers.
Since 1967, older workers have been protected by the federal Age Discrimination in Employment Act. The law, which applies to employees and job applicants who are 40 or older, states that it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment - including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
It is also unlawful for employers with 20 or more employees to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation. The law also applies to employment agencies and to labor organizations, as well as to the federal government.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.