Workers who devote themselves to a company have the right to expect a certain amount of security in their employment even as they age. Because businesses benefit from experience and improved morale and productivity when employees know they can rely on a company’s promises, employers should refrain from discharging mature workers simply on the basis of age. Unfortunately, enlightened self-interest is not always enough to keep a company from arbitrary and detrimental policies. Fortunately, workers aged 40 and over have legal protections.
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For more than 25 years, Chicago discrimination attorneys at Goldman & Ehrlich have fought on the side of mature workers to ensure fair treatment in the workplace. Under the Age Discrimination in Employment Act of 1967, the law forbids discrimination in hiring, firing, salary, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment. It also prohibits harassment of an employee based on his or her age. Similar to sexual harassment, this treatment might include teasing or derisive comments that are so pervasive that they create a hostile working environment. The Age Discrimination Act of 1975 prohibits age discrimination in federally assisted programs and activities. These would include education, home loans and grants to the arts and humanities, to name a few.
If you have been the target of age discrimination, Goldman & Ehrlich can help. We provide in-depth consultation to discern the particular circumstances of your cause of action. We investigate your employer’s HR practices to uncover patterns of behavior that might help your case. We have vast experience negotiating settlements, including reinstatement and monetary damages, and litigating claims before the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Illinois Human Rights Commission and in state and federal court.
An employee who is 40 years or older is not immune from being disciplined or terminated. Before disciplining or terminating an employee protected by the ADEA, however, you should consult with Goldman & Ehrlich to make sure your actions will not be viewed as discriminatory. Goldman & Ehrlich can defend companies accused of age discrimination.
If you have been the target of age discrimination or are facing a claim against your company, Goldman & Ehrlich can help. Call us at 312.332.6733 or contact our Chicago office online.