The Age Discrimination in Employment Act (ADEA) and the Illinois Human Rights Act (IHRA) protect workers aged 40 and older from employment discrimination based on age. These laws cover various aspects of employment, including hiring, firing, promotions, and workplace conditions. The ADEA applies to employers with 20 or more employees, while the IHRA covers those with 15 or more. Understanding these protections is crucial for both employers and employees in Illinois to ensure fair workplace practices and address potential age discrimination issues effectively.
Definition, Requirements, and Proving Age Discrimination
Definition of Age Discrimination under ADEA
Age discrimination occurs when an employee or job applicant receives less favorable treatment because of their age. The ADEA protects individuals who are 40 years of age or older from discrimination in any aspect of employment.
Key aspects of age discrimination:
1. Disparate Treatment: Intentionally treating older workers less favorably due to their age.
2. Disparate Impact: Employment practices that appear neutral but disproportionately affect older workers.
3. Harassment: Creating a hostile work environment based on age.
4. Retaliation: Taking adverse action against an employee for opposing age discrimination or participating in a related complaint process.
Requirements for ADEA Claims in Illinois:
1. Covered Employer:
- Federal law (ADEA): Applies to employers with 20 or more employees.
- Illinois law (IHRA): Covers employers with 15 or more employees.
2. Protected Age Group: The employee must be 40 years of age or older.
3. Adverse Employment Action: The employee must have suffered a negative employment action (e.g., termination, demotion, failure to hire).
4. Causal Connection: The adverse action must be linked to the employee's age.
5. Timely Filing: Charges must typically be filed within 300 days of the discriminatory act in Illinois.
Proving Age Discrimination:
1. Direct Evidence: Explicit statements or actions showing discriminatory intent based on age.
2. Indirect Evidence (McDonnell Douglas framework):
a. Establish a prima facie case:
- Employee is 40 years of age or older
- Employee was qualified for the position
- Employee suffered an adverse employment action
- Similarly situated younger employees were treated more favorably
b. Employer provides a legitimate, non-discriminatory reason for the action
c. Employee shows the reason is pretext for age discrimination
3. Disparate Impact: Proving that a seemingly neutral policy disproportionately affects workers aged 40 and older.
4. Pattern or Practice: Demonstrating systemic age discrimination through statistical evidence and specific instances.
Evidence to Gather:
- Employment records
- Witness statements
- Comparative data on similarly situated younger employees
- Company policies and procedures
- Communications (emails, memos) showing age bias
- Statistical data showing age disparities in employment decisions
Exceptions and Defenses:
- Bona Fide Occupational Qualification (BFOQ)
- Reasonable Factors Other Than Age (RFOA)
- Legitimate seniority systems
Typical Legal Process for Lawyers Representing Clients in ADEA Cases in Illinois
1. Initial Consultation:
- Evaluate the client's claim
- Determine if the case meets ADEA requirements
- Explain rights and potential outcomes to the client
2. Administrative Filing:
- File a charge with the EEOC or Illinois Department of Human Rights (IDHR)
- Ensure timely filing within the 300-day deadline
3. Investigation Support:
- Assist client in providing information to EEOC/IDHR
- Gather additional evidence to support the age discrimination claim
- Respond to agency requests for information
4. Mediation/Settlement Negotiations:
- Represent client in EEOC/IDHR mediation if offered
- Engage in settlement negotiations with the employer
5. Agency Determination:
- Review EEOC/IDHR findings
- Advise client on next steps based on the determination
6. Filing a Lawsuit:
- If given a "right to sue" notice, file a complaint in federal or state court
- Ensure compliance with applicable deadlines (90 days from notice for federal court)
7. Discovery Process:
- Request and review relevant documents from the employer
- Conduct depositions of key witnesses
- Respond to opposing counsel's discovery requests
8. Expert Consultation:
- If necessary, engage experts (e.g., statisticians for disparate impact cases)
9. Dispositive Motions:
- File or respond to motions for summary judgment
10. Trial Preparation:
- Prepare witnesses and evidence presentations
- Develop trial strategy focusing on age-related issues
11. Trial:
- Present the case in court
- Examine and cross-examine witnesses
- Deliver opening and closing arguments emphasizing age discrimination elements
12. Post-Trial:
- File post-trial motions if necessary
- Discuss appeal options if the outcome is unfavorable
13. Enforcement of Judgment:
- If successful, ensure proper implementation of court orders
Throughout this process, the lawyer must maintain clear communication with the client, comply with all ethical obligations, and stay updated on evolving ADEA case law and interpretations. They should also be prepared to address any Illinois-specific requirements under the IHRA that may provide additional protections or procedural considerations beyond the federal ADEA.