Individuals 40 years of age or older are protected from employment discrimination by the Age Discrimination in Employment Act of 1967 (“ADEA”).  The ADEA prohibits employers from altering the terms, conditions, or privileges of an individual’s employment on the basis of age.  Thus, individuals forty and older are protected from discrimination in – among other areas – hiring, training, compensation, benefits, assignments, and termination.  Individuals forty or older are also protected from retaliatory practices, should they oppose employment practices made unlawful by the ADEA or participate in any way in an ADEA proceeding.

The ADEA applies to employees who work for a private employer with twenty or more employees, and covers state and local government agencies, employment agencies, and labor organizations.

In order to bring a civil claim under the ADEA, an individual must first file a charge with the Equal Employment Opportunities Commission (“EEOC”).  This charge must typically be filed at the EEOC within 300 days of the adverse action.

Under the ADEA, a successful plaintiff in a civil suit may be entitled to back pay, attorneys’ fees, injunctive relief, front pay, and liquidated damages for willful violations.  Neither compensatory nor punitive damages are available under the ADEA.

If you have questions about your rights under the ADEA, or feel that your employer has violated the ADEA with respect to the terms and conditions of your employment, contact Caffarelli & Siegel Ltd. to speak to a Chicago Employment lawyer.