How Common Is Race Discrimination in The Workplace?

Our skin color and nationality are part of our identities, but if an employer mistreats you based on your appearance or where you are from, that is against the law. There are state and federal protections in place that outlaw race discrimination at work. If you think you have been discriminated against in the workplace, our race discrimination lawyer in Chicago would like to speak with you.

Sobering Statistics on Race Discrimination in The Workplace

In recent years, there have been national conversations on racism and injustice that received considerable attention. While some may believe that racial discrimination at work is in the past, the Gallup Center on Black Voices found in 2020 that about 24% of black and Hispanic employees in the United States reported they were discriminated against at work in the last year. Those findings were gleaned from a large Gallup Web survey in November 2020 that showed workplace discrimination based on race is still an extensive problem.

A follow-up question among those who claimed there was discrimination found that 75% of black workers said the discrimination was because of their race or ethnicity. This was higher than for Hispanics – 61% and whites – 42%. The 75% finding among black workers is consistent across age, gender, and income subgroups, with similar numbers saying the workplace discrimination they saw in the last year was based on their race.

Blacks and Hispanics who work in science, technology, engineering, and math (STEM) have also reported extensive job discrimination in recent years. A recent Pew Research poll found that blacks in STEM jobs were four times as likely as whites in the same jobs to say their employers do not pay sufficient attention to boosting ethnic and racial diversity on the job.

Black STEM workers were also more likely than blacks in non-STEM roles to say their companies pay insufficient attention to enhancing diversity (57% vs. 43%). The opposite was true in the survey for Hispanics: Those in STEM positions were less likely than those not employed in STEM to say their employers do not pay enough attention to diversity (23% vs. 37%).

What to Do About Race Discrimination at Work in Illinois

The Illinois Human Rights Act prohibits workplace discrimination, including race, color, religion, sex, national origin, and age. The Illinois Department of Human Rights (IDHR) investigates accusations of employment discrimination based on race, national origin, and religion against private employers and the state and local government. For an investigation to be started, the employer has to have at least 15 employees, with limited exceptions. You can file a race discrimination complaint at the IDHR website.

If you think a federal employer discriminated against you, you should file a complaint with the Equal Employment Opportunity Commission (EEOC) or the EEOC counselor at the agency where the alleged discrimination happened. You must file your complaint with the EEOC within 300 days of the alleged discriminatory event.

Speak to A Race Discrimination Lawyer in Chicago

You can take legal action if you suspect you were discriminated against at work. Please contact our race discrimination attorney in Chicago at Law Offices of Joshua D. McCann, LTD for a consultation.

What Are Illinois Child Labor Laws?

There are many child labor laws in Illinois that you should be aware of that regulate the employment of those under 16. Below are some of the most critical child labor laws, and if you have questions after reading this article, our Chicago employment law attorney can assist you.

Child Labor Age Restrictions

One of the most important labor laws in the state involves age restrictions. Here are some of the most critical restrictions to be aware of for those under 16:

  • Children under 16 cannot be employed in manufacturing or mechanical occupations or processes, and they also cannot work in the building trades or on scaffolding. Those under 16 are also prohibited from using a motor vehicle or working in a quarry or mine.
  • They cannot be employed in dangerous jobs or that can damage their health or morals. They also cannot work in gas stations, railroad jobs, or specific construction and manufacturing jobs.
  • They also cannot serve or handle alcohol or work in amusement parks or bowling alleys.

However, those under 16 can do work busing tables and help in the kitchen related to serving food at fraternal organizations and private clubs. If you are still determining if a certain job is appropriate for a child under 16, talk to an employment attorney for advice.

Child Labor Time and Hours

There are detailed laws in Illinois for times of day and hours of work for minors that you should be sure to follow. First, children under 16 can work up to eight hours per day or up to six straight days a week. They can also work up to 48 hours per week.

Children under 16 are prohibited from working more than three hours on a day they have school or more than 24 hours in a school week. These minors can work on Saturday and Sunday for as much as eight hours per day if they do not work outside of school for more than six days per week and if their work outside school is not more than 24 hours per week.

Illinois law also places limits on working late at night for minors and how long they can work between breaks. However, some additional work hours for minors during summer breaks are allowed.

Child Labor Employment Documents

Illinois law also requires that all minors under 16 have an employment certificate that may be valid for up to a year. Employment certificates, sometimes called working papers, are issued by the superintendent of the child’s school district. The child must apply for the employment certificate, and their parent or guardian must accompany them. The potential employer must have a statement of intention regarding the type of employment and the hours and days per week the child will be employed.

The employer must keep the employment certificate while the child is employed there. The employer has to return the employment certificate to the official who issued it when the employment period is over.

Speak to Our Chicago Employment Law Attorney

If you have questions about employing a minor or have concerns about Illinois child labor laws, it is essential to have accurate legal advice. Please contact our Chicago employment law attorney at Law Offices of Joshua D. McCann, LTD for a consultation.

How Do I Prove Retaliatory Discharge in Illinois?

Illinois has an at-will employment policy, meaning you can be fired without cause. However, this is different than a company firing you for a reason that is illegal under state or federal law. The state and federal governments ban employers from firing people for unlawful reasons, including age, race, religion, gender identity, national origin, or disability.

You also are protected from being fired for retaliatory discharge. However, if you believe you are a victim of retaliatory discharge or wrongful termination, the Law Offices of Joshua D. McCann may assist you.

What Is Retaliatory Discharge In Illinois?

Retaliatory discharge is one exception to at-will employment rules. For you to prove there was a retaliatory discharge, you must show you were fired and that the termination was because you were engaged in a ‘protected activity.’ Also, the termination must have violated a mandated public policy, such as in the state or federal constitution.

You might have a valid claim for retaliatory discharge if you were fired for complaining that your company was doing something illegal. Also, you could file a retaliatory discharge claim if you are fired for refusing to do something illegal on the job.

For instance, there could be a retaliatory discharge lawsuit if you were fired for not providing false testimony in court. There also could be a claim when the company fires you because you complained about them violating laws, such as the Clean Air Act or Clean Water Act.

How Do You Prove Retaliatory Discharge?

You must prove one of these to have a retaliatory discharge case:

  • You were engaged in a protected activity, and your firing was related to that activity. There might be direct written evidence that you were terminated because of your actions. Or you may prove the case by providing circumstantial evidence that the company engaged in discriminatory behavior. However, direct evidence carries more weight in a retaliatory discharge case.
  •  You were fired because you would not engage in discriminatory action. If you think you were fired because of this, you need to prove that you thought the act was discriminatory and that you would not act because of this fact.

As noted earlier, in many cases, a company is not required to offer a reason for your being fired in Illinois. However, if the company is accused of retaliatory discharge, it may need to show that the firing did not stem from protected behavior. For example, they might point out your poor performance at work or how your attitude negatively affected the workplace. In this situation, you must talk to a wrongful termination attorney today.

Speak To A Chicago Wrongful Termination Attorney

Do you think you were fired for being a member of a protected class, such as gender identity, race, sex, or age? Or, were you a victim of retaliatory discharge? You may be able to file a state or federal wrongful termination claim. Please contact the Law Offices of Joshua D. McCann, LTD at (847) 450-1103 for a consultation about your wrongful termination or retaliatory discharge case.

How the New Illinois Workers’ Rights Law Helps Workers

In November 2022, voters in Illinois approved a new law called the Illinois Workers’ Rights Amendment (IWRA) that guarantees all workers collective and organizing bargaining rights that promise to help workers in many ways. However, the new law is complicated, so if you have questions about it, our Schaumburg employee rights lawyer can help you.

What Is The IWRA?

The Illinois Workers’ Rights Amendment contains new language for the state constitution that reaffirms all Illinois workers’ rights to bargain and organize through their chosen representatives to negotiate hours, wages, and working conditions. They also are authorized to protect their safety and economic welfare on the job.

The law also states that local governments are not allowed to pass laws interfering with Illinois workers’ rights to organize and collectively bargain. This is called a blocking regulation, which protects workers from other laws that could be passed to counteract the IWRA.

The Economic Policy Institute states that the amendment also contains detailed language that creates a firewall against attacks against workers’ rights and to unionize. These are, the Institute states, threats to repeal or undermine public sector employees’ right to collectively bargain and efforts to reduce collective bargaining rights with ‘right-to-work’ (RTW) laws. For example, RTWs typically try to prohibit employers and unions from inserting union security agreements into union contracts.

The IWRA May Be Preempted The National Labor Relations Act (NLRA)

The NLRA and other federal laws also protect collective bargaining rights of most workers. But there are questions about how much the NLRA preempts much of the material in the Illinois law. The new amendment has protections that apply to all workers, not just those in the public sector. As a result, private sector companies in the state may argue that the new law does not apply to them because the NLRA preempts the subject matter in the IWRA.

Federal preemption in the private employer sector is related to the US Supreme Court’s views on the NLRA, which started in 1959 in a case and has been recognized ever since. Courts apply preemption under the National Labor Relations Act to expand the NRLA’s whole subject matter.

The Amendment Protects Union Security

The new amendment looks to block the state from ever becoming an RTW state, which also prohibits requirements for workers to join unions. Today, there are 28 RTW states, which include Iowa, Wisconsin, and Michigan.

The NLRA allows all states to ban required union membership as a requirement of employment. But the new Illinois law does the opposite because it bans laws that prevent agreements between companies and labor groups that require union membership to work at an employer. So, the language would stop any legislative efforts to pass an RTW law in the state. Of course, the language could be challenged due to preemption of the NLRA, but it is uncertain how such a legal challenge would pan out.

Contact Our Schaumburg Employee Rights Lawyer

There are still questions to be answered about the IWRA, but it seems certain that the new law will expand worker protections for collective bargaining in Illinois. If you have questions about the law, speak to our Schaumburg employee rights lawyer at Law Offices of Joshua D. McCann, LTD at (847) 450-1103.

Illinois Pregnancy Leave Act – What It Protects

Employment is vital to women’s equality, but women still can be discriminated against at work, such as when pregnant. However, in 2015, Illinois passed new laws that provide more protection for pregnant workers. If you have questions about the Illinois Pregnancy Leave Act, please speak to our Chicago medical leave attorneys at Law Offices of Joshua D. McCann, LTD today.

Overview Of Illinois Pregnancy Accommodation

The new law also called the Pregnancy Accommodation Amendment, requires companies to provide reasonable accommodations for pregnant employees, even if the impairment does not meet the definition of what a disability is. This is a marked change from earlier laws that did not deal with accommodations for pregnant workers who were otherwise in good health.

Under this law, Illinois companies may have to make reasonable accommodations for almost all pregnant workers, but this depends on the job. Also, the law enhances workers’ entitlement to accommodations when they are pregnant. If an employer does not provide reasonable accommodations for childbirth or pregnancy may constitute discrimination. If this happens to you, it is essential to have the case reviewed by a workers’ discrimination attorney.

The law also requires companies to provide leave to pregnant workers. This leave must be provided for medical complications, doctors’ appointments, bed rest, or time off for recovering after childbirth. The worker can return to their job when they are fully recovered. This is a big change for many Illinois employers; previously, many would only provide leave for medical disabilities and required that workers meet the requirements for federal medical leave.

Employers Cannot Mandate Leave Or Accommodation

Companies may sometimes not just be reluctant to make reasonable accommodations for pregnant workers. They also may attempt to force accommodations on workers they do not want. However, the new law also states that Illinois companies cannot force a pregnant employees to accept accommodation.

For instance, the company cannot reassign a pregnant woman to a job where she is not as visible or make her take leave before she wants it. It is estimated that 67% of pregnant women work, and many work until just before childbirth. So, many women need to be able to work for almost all of their pregnancy and the new law ensures that can happen.

Limits And Posting Requirements

The Illinois Pregnancy Accommodation law does not require employers to create a new job for the pregnant employee if one does not exist. It also does not require the company to terminate a worker who has more time on the job or provide that job to the pregnant employee. But as noted earlier, it does require the company to provide reasonable accommodations for pregnant workers, including buying special equipment for the worker’s benefit.

Contact Our Chicago Medical Leave Attorney Today

Laws have improved in Illinoisto provide more work safeguards for pregnant women. Unfortunately, it is not unusualfor employers to discriminate against women who are pregnant. If you suspectthis has happened to you or you have questions about medical leave and relatedlegal issues, speak to our Chicago medical leave attorney at Law Offices of Joshua D. McCann, LTD.

What Constitutes Wrongful Termination In Illinois?

Illinois is an ‘at will’ state for employment, meaning companies can fire you anytime and for any reason. However, if you are discriminated against and let go, this is against the law. Learn details about wrongful termination below, and contact our Chicago wrongful termination lawyer at Law Offices of Joshua D. McCann, LTD if you believe you were illegally fired.

How Is Wrongful Termination Defined In Illinois?

Wrongful termination occurs when an organization violates the exceptions to the at-will employment laws of Illinois. These exceptions are:

●  Discrimination

●  Retaliating for whistleblowing and other protected actions

●  Firing an employee for taking time off work

●  Violating the employee’s contract

Illinois organizations can fire workers without reason, but you are protected in Illinois from being fired for your age, race, sex, disabilities, and national origin. You cannot be terminated for citizenship status, religion, marital status, or pregnancy.

The law applies to companies with at least 15 workers for most of these types of discrimination. However, the law against age discrimination only applies to companies with at least 20 workers. The law against firing people for citizenship status applies to companies with four or more workers, but all Illinois organizations must comply with the law banning discrimination against disabilities.

What Is Wrongful Termination For Taking Time Off Work?

State and federal laws protect you when taking time off work in certain situations, including personal responsibilities and civic requirements. For example, you cannot be terminated for taking the following types of leave:

●  Up to five years of military leave

●  Voting

●  Jury duty

●  Taking up to 12 weeks annually for family and medical leave

●  Taking time off to see a child or spouse who was deployed in the military or to get medical treatment

When Is Termination Legal In Illinois?

Not every termination in Illinois is illegal. For example, you can be legally fired for poor performance, subpar work quality, improper behavior on the job, disrespectfulness, being late, and insubordination.

What Can You Receive In A Wrongful Termination Claim?

The most common compensation for a wrongful termination claim is monetary damages. However, you also can receive compensation if you file a wrongful termination lawsuit.

The amount of damages you receive in the case depends mainly on the facts of the specific situation. Some injuries you could receive in your claim include:

●   Back pay

●   Lost earnings

●  Medical expenses

●  Costs of finding new work

●  Lost fringe benefits

●  Attorney’s fees

● Pain and suffering

●  Punitive damages

However, note that damages for pain and suffering, punitive damages, and attorneys’ fees are seldom awarded. The court also may decide to compensate you in these ways:

●  Reinstatement

●  Writing an injunction to prevent the company from doing the same thing again

●  Ordering the organization to rewrite its hiring and termination policies according to the law

Speak To Our Chicago Wrongful Termination Lawyer Today

Some wrongful termination cases are difficult to prove because Illinois is an at-will employment state. Collecting convincing evidence that you were illegally terminated can also be challenging. With an excellent attorney, however, it is possible to prevail. You have rights under Illinois law if you believe you were wrongly terminated. Speak to our Chicago wrongful termination lawyer at Law Offices of Joshua D. McCann at (847) 450-1103.

Are Violations Of Family And Medical Leave Act Common?

The Family Medical Leave Act of 1993 (FMLA) intends to help workers balance their family and work lives by providing many employees unpaid leave for medical or family reasons. If you are eligible, you may take up to 12 weeks of unpaid leave annually and still qualify for your healthcare benefits. Unfortunately, FMLA violations happen, such as when a worker was wrongfully fired for taking a vacation while on leave. If this has happened to you, our Illinois family medical leave attorneys in Chicago at Law Offices of Joshua D. McCann, LTD can help.

FMLA Violation Statistics

The US Department of Labor compiles statistics on FMLA complaints and no-violation cases annually. Recent statistics are:

●        FY 2022: Complaints – 780; Percent of no-violation cases: 60.4%

●        FY 2021: Complaints – 928; Percent of no-violation instances: 57%

●        FY 2020: Complaints – 966; Percent of no-violation cases: 52%

Common Family Medical Leave Act Violations

FMLA violations happen every day in America. Sometimes, the employer violates the law out of ignorance, while others may do so purposely to save money. No matter if the violation was intentional or not, be watchful for the following FMLA violations:

Not Recognizing An FMLA Leave Request

You do not have to use the magic words ‘FMLA leave’ to take your legally-allowed leave. Instead, you only need to tell your company enough to know they must give you time off under FMLA. So, for instance, your company should know that a worker who asks for a month off to spend time with their newborn is asking for FMLA leave.

Delaying FMLA Leave

US law established in 1993 that workers have a right to FMLA leave. But employers still have rights, as well. For example, the company can delay your leave if you need leave for a foreseeable reason and do not give 30 days’ notice. But other than that exception, you can take your leave when required.

For instance, if your doctor says you need immediate hip surgery tomorrow, your company cannot make you delay the procedure because it does not fit their schedule. Instead, you should try to provide 30 days’ notice, but this is not always possible.

Making The Worker Work On Leave

Employees on FMLA leave do not need to work. But the company might check in with you from time to time and ask work-related questions. For instance, if your temporary replacement cannot locate a vital client file, they can call or email you. But the employer cannot make you take on your usual job duties on leave.

Asking For Too Much Notice

The leave act allows companies to make their workers follow the customary notice requirements, but only for paid leave. The company cannot mandate more notice when it is FMLA unpaid leave than federal law allows.

This problem may arise when the worker needs unpaid leave for an emergency health problem and cannot give notice (see the hip surgery example above). You may have to follow the company’s rules to get paid for that time off, but your right to unpaid leave is under FMLA’s notice rules.

Contact Our Family Medical Leave Attorneys In Chicago

Sadly, sometimes employers take advantage of workers who do not understand the family medical leave system. When you are most vulnerable, you need an attorney who will fight for your medical leave rights. Please contact our family medical leave attorneys in Chicago at Law Offices of Joshua D. McCann, LTD at (847) 450-1103.

How Are Payments Determined For Wrongful Termination?

Being without a job is stressful, and if the situation happened because of wrongful termination, it is even more upsetting. So first, learn how payments are determined for wrongful termination and related topics below. Next, speak to our Chicago wrongful termination lawyer at Law Offices of Joshua D. McCann, LTD for assistance with your case.

What Is Wrongful Termination In Illinois?

Illinois has an at-will employment rule, meaning that workers and companies can terminate their employment agreement at any time. Because either party can end employment, it is only a wrongful termination when the company violates the at-will employment rules. These violations include:

●        Violating the contract with the employee

●        Discriminating against the employee

●        Retaliating against the employee for whistleblowing and other protected actions

●        Firing the employee for taking time from work, employment, or health leave

What Is Wrongful Termination From Discrimination?

While an employer can terminate your employment without reason, it is illegal to discriminate against and fire someone in one of these protected classes:

●        Age

●        Race

●        National origin

●        Disability

●        Pregnancy

●        Disability

●        Sex

Do you think you were terminated because of discrimination? First, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) and the Illinois Department Of Human Rights. If the EEOC decides you have a wrongful termination case, they will file a lawsuit. But if the EEOC rules against you, filing a wrongful termination lawsuit is still possible.

Damages In A Wrongful Termination Case

If you win your case, you may receive economic and non-economic damages. Economic damages include both past and future earnings. This number is relatively simple, based only on your past and future earnings.

Non-economic damages are harder to calculate because they include emotional suffering, pain, and sometimes punitive damages. They include:

●        Loss of monthly earnings

●        Loss of job benefits

●        Medical costs

●        What a job search cost

●        Pain and suffering

●        Punitive damages, when applicable

●        Liquidated damages that you had to pay when terminated

How Do You Calculate Wrongful Termination Benefits?

If you win your claim or lawsuit, you may be entitled to damages for wrongful termination. Quantifying the damages means knowing your total yearly compensation from your job. This includes your annual salary, commissions, bonuses, lost raises because you were fired, and lost benefits.

Once this number is determined, it is multiplied by how many years you have been without a job and how many years you may be without a job if you have not already found one. Here is a simple formula that may be used to calculate benefits or damages in a wrongful termination lawsuit:

Total Yearly Compensation x Number of Years Unemployed = Financial Damages

But this figure does not consider other factors: age, kind of job, experience, education, pain, and suffering. That is why if you were wrongfully terminated, you should work with an attorney who handles these cases regularly.

Wrongful termination settlements can vary widely based on your job, income, experience, age, etc. However, the EEOC reports the average wrongful termination settlement ranges from $5,000 to $80,000. Also, about 10% of wrongful termination cases lead to a verdict of at least $1 million. Wrongful termination because of sex, disability, or racial discrimination tends to be worth more.

Contact Our Chicago Wrongful Termination Lawyer Now

Do you believe you were wrongfully terminated in Chicago? You could be entitled to compensation, so contact our Chicago wrongful termination lawyer at Law Offices of Joshua D. McCann, LTD at (847) 450-1103.

How To Prove Retaliatory Discharge In Illinois?

Illinois is an at-will employment state, meaning that your company can fire you for no reason at any time. However, there are exceptions. For example, an employer cannot fire you for illegal reasons, including as retaliation for engaging in a protected activity. If you think you were wrongfully terminated, talk to our Chicago retaliatory discharge attorney at Law Offices of Joshua D. McCann, LTD now.

What Is Retaliatory Discharge In Illinois?

Retaliatory discharge is an exception to Illinois’ at-will employment policy. If you want to show your company retaliated against you, the following must be proven:

  • You worked at the company and were fired.
  • The termination happened because you engaged in a protected activity.
  • The termination violated a clear mandate of public policy.

Most often, employees succeed with a retaliatory discharge if they were terminated because they complained that their company was engaging in illegal conduct. Also, a retaliatory discharge can happen if the company fires you if you would not involved in unlawful behavior.

Suppose your employer terminated you because you would not offer false testimony in court. Or, the company fired you because you complained to the state government about them abusing the Clean Water Act or Clean Air Act.

Examples of Employer Retaliation

Your employer may retaliate by firing you. But there are other types of retaliation, according to the US Equal Opportunity Commission (EEOC):

  • Verbally or physically abuse you
  • Make work difficult for you
  • Threaten you with being fired
  • Have more supervision of you than other employees in a similar position
  • Put you into a less desirable role with lower pay

More About Proving Retaliatory Discharge

Your wrongful termination attorney will need to prove the following to win your case:

You Were Engaged In A Protected Activity

Your lawyer must prove you were engaged in the activity that got you fired. For example, your employer may write an email or memo to other workers that you were fired for specific protected behavior.

However, you must often collect circumstantial evidence to prove a retaliatory discharge claim. For example, your attorney may take depositions from employees who can detail how others were wrongfully fired. Of course, direct evidence is better, but that is only sometimes possible.

You Were Terminated For Not Taking A Discriminatory Action

If you think you were fired because you would not take a discriminatory action, you must show that you thought it was discriminatory and would not act because of it.

The employer is usually not required to provide a reason for terminating you. But if you complain it was a retaliatory termination, they may need to show in court that the firing was unrelated to protected behaviors. For example, they may point out that you have a subpar yearly review or were often late to work.

Talk To Our Chicago Retaliatory Discharge Attorney Now

Do you suspect your employer fired you to retaliate against you? This is illegal under Illinois state law, and you could be entitled to damages. Contact our Chicago retaliatory discharge attorney today at Law Offices of Joshua D. McCann, LTD at (847) 450-1103. Our attorneys have years of experience helping wrongfully fired clients, and we can help you.

What To Do If Told You’re Too Old For Job

Illinois is an at-will employment state, so an organization may fire workers without cause and at any time. However, if they discriminate against and terminate you, that is another matter. Age discrimination in the workplace is illegal in Illinois, so if you think it happened to you, talk to our Illinois age discrimination attorney at Law Offices of Joshua D. McCann, LTD.

How Common Is Age Discrimination In America?

Age discrimination often happens in the United States and 2/3 of workers between 45-74 claim they have seen or experienced this type of discrimination. Also, job seekers at least 35 years old say it is a significant obstacle to getting a job. Unfortunately, if you work in entertainment or technology, you may be even more likely to face age discrimination. Furthermore, most people think age discrimination starts in America when people turn 50, and 22% of those surveyed recently said they believe it begins even before that.

Age Discrimination Overview

If you are at least 40 and believe a decision about your job was based on your age, you might have an age discrimination claim, especially if someone says you are too old. You also may have an age discrimination claim in these cases:

● You receive a negative performance review because the company thinks you must be more active in handling new projects.

● You were not hired because the company indicates it wants younger workers at a lower salary.

● You notice that most layoffs were among older staff, and younger employees kept their jobs, even when they lacked experience.

● Your manager commented that you are too old for your job before terminating you. Offhand comments such as ‘old man’ or other derogatory references to age also could be the basis of a lawsuit.

Remember, age discrimination is against state and federal law, including:

● Illinois Human Rights Act (IHRA): This makes it illegal for employers to discriminate based on age in hiring, recruiting, terminating, and promoting. The Act also offers robust legal protections because the law applies to all organizations in the state with at least one worker.

● Age Discrimination In Employment Act (ADEA): This makes it against the law for organizations to discriminate against workers who are 40 or older, including in hiring, promoting, terminating, and compensating. However, this law only applies to companies with at least 20 workers.

● Older Workers Benefits Protection Act (OWBPA): This amended the ADEA to safeguard older employees from being denied benefits because of how old they are.

How To File An Age Discrimination Claim

You should speak to an attorney to protect your rights if you think you were fired or not hired because of your age. Engaging an attorney is also helpful if a company retaliates against you for taking a protected action, such as whistleblowing. Filing an age discrimination claim requires several steps, and you need permission from the EEOC to do so. Your attorney can walk you through this complex process.

Contact Our Illinois Age Discrimination Attorney Today

Some parts of life are not in our control, and our age is one of them. Were you told you are too old for a job in Illinois? You could be eligible for an Illinois age discrimination claim, so speak to our Illinois age discrimination attorney at Law Offices of Joshua D. McCann, LTD today at (847) 450-1103.