Chicago, IL (Law Firm Newswire) September 10, 2013 — There is a glaring glitch in the Illinois anti-age discrimination policies, that potentially affects those in their 20s and 30s.
“The federal Age Discrimination in Employment Act (ADEA) and the Illinois Human Rights Act (IHRA)have a weird loophole. On close inspection, both acts only offer protection for workers, who are 40-years of age or older, from age-based employment discrimination. Based on that kind of wording, it means younger workers could be left hanging in the wind,“ explained Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace.
Put another way, if the acts are not changed or amended, it is legal for companies to discriminate against younger employees. Furthermore, if a business has fewer than 15 workers, they are in a position to discriminate against anyone they wish to discriminate against when it deals with the age of a potential or existing employee.
“Federally, and at the state level, anti-age discrimination policies do not offer protection for everyone,” said Coffey. Under the existing laws, it would mean it is completely legal to not hire younger applicants for a job.
It appears that the reason state and federal laws were drafted in this particular manner, addressing the 40-years-old and older crowd, related to the proven statistical fact that older workers with seniority were usually forced out of the workplace, and replaced by younger employees that could be offered a lower wage. Thus it was felt that older workers needed legal protection.
“Interestingly, not all workplaces are covered by age discrimination laws,” stated Coffey. “In fact, under the federal ADEA, only workplaces with over 20 workers must obey the law. State law says it applies to any business with over 15 workers.”
For workers who feel they have been discriminated against, based on their age, they should make an immediate phone call to an experienced employment attorney. This is a complex area of the law and only an attorney with experience dealing with issues such as this would be able to explain what legal rights apply in such situations.
Learn more at http://www.employmentlawcounsel.com/
THE COFFEY LAW OFFICE, P.C.
351 W. Hubbard Street, Suite 602
Chicago, IL 60654
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