If you are an employee in Illinois and your employer is pressuring you to retire because of your age, then you have legal protections under both federal and Illinois law. You cannot be forced out because of your age; there are laws protecting your rights to fair treatment in the workplace.
One critical law that protects employees from discrimination based on age is the Illinois Human Rights Act, 775 ILCS 5. This protection gives people with the category of 40 years and above the right not to be forced to retire or compelled into early retirement. All this new law encompasses, from less-than-subtle comments to blatant actions like demotions or changes in working conditions, to make working conditions unfavorable to where it is difficult for the older employee to continue working in their respective positions.
If your employer seems to be nudging you toward retirement-subtly or not-you don’t have to take it as a “fait accompli.” Illinois law prohibits actions that create a hostile work environment or force employees to retire before they are ready. It would be a good idea to keep documentation of times that you feel age is being used as an excuse to remove you from your position. This may be the evidence you will need if you pursue a claim.
In addition to state protections, federal law protects against other areas. The ADEA protects employees 40 years and above from age-based discrimination. While the ADEA only applies to employers with 20 or more employees, the Illinois Human Rights Act applies to employers with one or more employees. Because of that, more employees are covered under state law in Illinois than under federal law.
Document Everything
Keep a detailed record of all conversations and/or actions that seem to indicate that you are being targeted because of your age. Note who said what, when it occurred, and how it made you feel.
Consult Our Law Firm
It is really important that you know your rights under Illinois and federal law. An experienced employment attorney can be in the best position to help you decide whether your employer has engaged in unlawful age discrimination.
Filing a Claim
In case one realizes that the employer is indeed in breach of the Illinois Human Rights Act or ADEA, he or she may decide to file a claim with the IDHR or EEOC. These agencies may investigate the matter and possibly take action on one’s behalf.
Illinois law provides an avenue for the recovery of damages by proving that your employer discriminated against you due to age. Damages may include lost wages and benefits and may even include compensation for emotional distress. In some instances, it may be possible to reinstate your previous employment or grant an award of back pay.
Employers may sometimes claim that their motivation was based upon legitimate business needs and not age; however, this would have to be extremely well justified. Illinois law places the burden on the employer to demonstrate that any employment decisions were for reasons unrelated to your age.
If your employer is making comments or even suggestions that you ought to retire, document those immediately. Write down who said what, when, and in what context in as much detail as possible. This will be evidence in case you decide to pursue legal action.
It can be, yes. An employer can certainly speak to succession planning or your future with the company, but asking a series of questions regarding when you will retire constitutes a form of age harassment or age discrimination if it’s couched in terms that imply you should retire.
Depending on your situation, the recovery, if you are successful in proving age discrimination, may include lost wages, back pay, and benefits, as well as damages for emotional distress. There is also the possibility of punitive damages against an employer if a court finds that its actions were especially reprehensible.
You generally have 180 days to file with the IDHR. However, if you wish to pursue a federal claim under the ADEA, then you can take up to 300 days to file with the EEOC.
While there are specific exemptions for high-level executives or policymaking employees, most employees, including highly skilled professionals, are covered under both the Illinois Human Rights Act and ADEA against policies of mandatory retirement. If you believe your position might be exempt from protection by these laws, you will need to speak with an attorney about specifics regarding your position.
If you feel that your employer is trying to force you to retire because of your age, know that this is something with which you do not have to simply sit still. The Law Offices of Michael Smith are here to support your rights and educate you on your legal options. Don’t let age discrimination push you into early retirement. Contact our Schaumburg age discrimination attorney at The Law Offices of Michael Smith by calling (847) 450-1103 to receive a free consultation. We serve clients in Schaumburg and Chicago as well as DuPage County, Kane County, and Will County.
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