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The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from age based employment discrimination. The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees.
Chances of winning an EEOC case EEOC cases can be challenging, but you are best equipped to win with experienced legal representation. 95% of EEOC district court cases are successful. Although, as mentioned above, most cases are settled out of court.
Remember, retaliation is by far the number-one complaint that the EEOC receives.
Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. As EEOC works to address this issue, you can help. Learn more about what constitutes retaliation, why it happens, and how to prevent it.
Documented Evidence: Strong retaliation cases often involve solid documentation. This includes records of the protected activity, any written complaints or reports, emails, text messages, and other relevant communications. Maintain a detailed record of events related to the protected activity retaliation.
The Act prohibits discrimination in the areas of employment, real estate (housing) transactions, access to financial credit, and public accommodations.
Who Has to Prove Discrimination Occurred? The burden of proof ultimately rests with the aggrieved person at all times; however, there is a three- step process utilized by the EEOC and the courts when deciding if discrimination occurred or not.
Submit a completed Employment Complainant Information Sheet (CIS) either by email, mail, fax or in person. If your allegations are covered under the Illinois Human Rights Act, a charge will be drafted for your signature. A charge of Employment discrimination must be filed within 300 days of the alleged discrimination.