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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. With few exceptions, employers are forbidden from making decisions such as hiring, promotion, demotion, termination, compensation, benefits, and job training based on the age of the applicant or employee if the employee is age 40 or older. The Illinois Human Rights Act and ordinances in Cook County and the City of Chicago 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 numerous age discrimination claims. 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, the firm is able to develop a strategy geared towards 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 earnings that you would have earned had you not been discriminated against), 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 statements or documents showing age discrimination
  • 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 underlying 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 age
  • That the employee complained to the employer or a governmental agency about age discrimination
  • That the employee suffered adverse consequences, such as a pay cut, a demotion, or a termination because he or she complained of age discrimination

The Law Offices of Fern Trevino exclusively represents Chicago-area executives and employees 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.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Law Offices of Fern Trevino - Chicago Employment Law Attorney
Located at 444 N. Michigan Ave, Suite 2930 Chicago, IL 60611. View Map
Phone: (312) 386-7524 | Local Phone: (312) 630-4491.