Age Discrimination in the Workplace
Chicago Employment Discrimination Lawyer
The Age Discrimination in Employment Act (ADEA) makes it illegal for employers to discriminate against employees who are 40 years of age or older. Employers are forbidden from making decisions regarding hiring, promotion, demotion, termination, compensation, job training or other terms and conditions of employment based on an employee's age. The Illinois Human Rights Act, and ordinances in Cook County and the City of also prohibit age discrimination.
If you believe you have been fired, demoted, passed over for a promotion or otherwise mistreated because of your age, consult with an experienced attorney at the Law Offices of Fern Trevino. The firm has successfully handled many cases of age discrimination, negotiating and litigating to a favorable resolution. Because the firm takes an individual approach to each client's case and takes the time to fully understand the client's goals and concerns, firm is able to develop a strategy for achieving a successful result. The firm takes age discrimination cases seriously, and is prepared to carefully negotiate or fight in court on your behalf.
Age Discrimination and the Legal Remedies That May Be Available To You
Remedies available under the ADEA include lost wages, front pay (pay to compensate you for lost future wages that you would have had, but for your termination)
or reinstatement, attorney's fees and court costs. If the employee can prove that the discrimination was willful, then the award may include double wage and benefit damages. Age discrimination can be proven through:
- Direct evidence, such as smoking gun statements or documents; or
- Circumstantial evidence, such as evidence that younger, similarly-situated employees have been treated more favorably.
Many employees have a combination of claims, such as an age discrimination claim and a retaliation claim for having complained of discrimination. Even if the employee's discrimination claim is unsuccessful, the retaliation claim may survive dismissal as long as the employee can prove:
- That the employee reasonably believed the employer discriminated against the employee, because of the employee's age;
- That the employee complained to the employer or a governmental agency about age discrimination; and
- That the employee suffered adverse consequences because he or she complained of age discrimination.
The Law Offices of Fern Trevino exclusively represents Chicago-area employees and executives in age discrimination claims and other select areas of employment law.
If you have been adversely affected by age discrimination at work, contact a Chicago-area employment discrimination lawyer .