As attorneys representing Illinois employees, we know that layoffs can feel devastating. The stress is even greater when older workers believe they were unfairly singled out. Age discrimination during layoffs is a serious legal issue that affects not only careers but also retirement security and personal dignity. While businesses may claim financial reasons for workforce reductions, federal and Illinois laws prohibit targeting employees based on age. We want Illinois workers to understand their rights, the legal protections available, and the steps to take if they suspect age discrimination in a layoff.
The primary federal law protecting older workers is the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq.. This statute protects employees aged 40 and older from discrimination in hiring, firing, layoffs, compensation, and other terms of employment. When a company carries out a reduction in force, it cannot make decisions based on age, even indirectly.
The Older Workers Benefit Protection Act (OWBPA), adds further protections during layoffs. This law requires that when employers ask employees over 40 to sign waivers in exchange for severance, they must meet strict disclosure and timing requirements. For example, employees must be given 21 days to consider an agreement and at least 7 days to revoke it. If an employer fails to follow these rules, the waiver may be invalid, leaving the employee free to bring an age discrimination claim.
Illinois law also protects employees from age-based layoffs. The Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) prohibits discrimination against workers 40 and older in hiring, termination, promotion, and layoffs. Employees who believe they were targeted for termination because of age may file a charge with the Illinois Department of Human Rights (IDHR) or bring a lawsuit in state court.
Illinois courts recognize retaliatory discharge claims when an employer terminates a worker for exercising protected rights. If a worker raises concerns about age discrimination and is then laid off, this could form the basis of a retaliatory discharge lawsuit.
We advise clients to look for patterns and behaviors that suggest older employees were unfairly targeted. Warning signs include:
While a single factor may not prove discrimination, a pattern of behavior may indicate unlawful conduct.
Workers who successfully prove age discrimination or retaliatory discharge may be entitled to reinstatement, back pay, front pay, and compensation for lost benefits. Under the ADEA, courts can also award liquidated damages when employers willfully violate the law. In Illinois, remedies under the Human Rights Act include damages for emotional distress and attorney’s fees.
Because these cases often involve complex evidence, including statistical data about workforce demographics, legal representation is essential. Employers will usually defend their decisions with financial explanations, and it takes careful analysis to determine if age discrimination was a motivating factor.
Look for signs such as older employees being laid off in greater numbers than younger workers, sudden changes in how your performance was evaluated, or comments about retirement or age. Reviewing the employer’s layoff criteria and comparing it with who was affected can also reveal potential discrimination.
Yes, but if you are over 40, the waiver must comply with the Older Workers Benefit Protection Act (29 U.S.C. § 626(f)). That means you must be given clear information about the group of employees considered, 21 days to review the agreement, and 7 days to revoke it after signing. If these requirements are not met, the waiver may not prevent you from filing an age discrimination claim.
Under the ADEA, you may be entitled to back pay, reinstatement, and in some cases, double damages if the violation was willful. Illinois law also allows damages for emotional distress and attorney’s fees under the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.). Remedies vary depending on the facts of the case, but both federal and state laws provide strong protections.
Yes. Under federal law, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) before bringing a lawsuit. In Illinois, you may also file with the Illinois Department of Human Rights (IDHR). These agencies investigate the claim and may attempt mediation, but filing is a required first step to preserve your legal rights.
Retaliatory discharge occurs when an employer fires or lays off an employee for exercising a protected right, such as reporting discrimination. If you complain about age discrimination and are then laid off shortly afterward, this may form the basis for a retaliatory discharge claim under Illinois law.
Generally, under federal law, you have 180 days to file an EEOC charge, extended to 300 days in states like Illinois that have their own human rights agencies. Under the Illinois Human Rights Act, employees typically have 300 days to file with the IDHR. Because deadlines are strict, it is important to act quickly if you suspect discrimination.
Yes, employers can reduce staff for legitimate financial reasons. However, if the criteria used for layoffs disproportionately affect older workers or appear designed to push out employees based on age, this may still violate the law. Courts look at whether age was a motivating factor rather than just the stated reason.
At North Suburban Legal Services, we are dedicated to protecting Illinois employees from unfair layoffs and age discrimination. We know how damaging it can be when older workers are singled out and we are committed to fighting for your rights under federal and Illinois law.
Contact our Chicago employment lawyers at North Suburban Legal by calling 312-909-6089 to receive your free consultation. We represent clients in Chicago and throughout the city of Chicago, Illinois. If you believe your layoff targeted you because of age, take the first step to protect your future by contacting our office today.