Workplace laws protect those over age 40
If you are over 40 and work for someone who says that you're "too old" for some aspect of the work, you may have grounds for an age bias claim.
Furthermore, a U.S. Supreme Court ruling, issued in March 2005, makes it easier to file a claim, even if the company did not intend harm. It is estimated that there are approximately 75 million middle-age and older adults who could be impacted by the court's decision.
The new rule 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.