Protections Disappearing for Older Workers

The Age Discrimination in Employment Act, passed by Congress in 1967, protects workers over the age of 40 from being discriminated against by their employers. In 2008, the number of age discrimination charges filed with the Equal Employment Opportunity Commission (EEOC) increased by almost thirty percent over those in 2007. But, in Illinois, state and federal agencies that investigate such claims are backlogged and charges are expiring before an investigation even begins.The current economy has caused cuts across the board and the EEOC and the Illinois Department of Human Rights have not escaped from the squeeze. The result is that charges pile up for months and, if an employer is not interested in mediation, an employee has little recourse other than to request a right to sue letter and begin formal litigation.However, even the option of litigation is becoming less and less appealing. With recent Supreme Court decisions such as Gross v. FBL Financial Services employees with age discrimination claims must meet a higher standard of proof. Prior to this ruling, if an employee demonstrated that age was a factor in his/her termination, the employer would be required to show that the termination was not the result of age bias, but was for a legitimate reason. Now the burden is on the employee to show that age was the deciding factor in his/her termination. This shift in the law is especially troubling since the number of unemployed older workers is growing rapidly.