Reductions-in-force have become standard employer strategies for trimming workforces in tough times. Employers must analyze such layoffs to avoid discrimination lawsuits based on age, sex, and race, as well as comply with the Worker Adjustment and Retraining Notification Act (WARN).1. How can employers defend their reduction-in-force (RIF) decisions against charges of discrimination?
To defend your layoff decisions against discrimination lawsuits, keep the following guidelines in mind.
Review RIF documents and memos to make sure there are no inadvertent references to age or other protected characteristics.
Use pre-selected, nondiscriminatory criteria, such as performance ratings, seniority, etc., to select employees for layoff.
Review performance rating systems or other facially-neutral criteria for hints of bias.
Be careful not to disfavor higher paid employees. Higher salaries are often associated with older...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Jury to decide Michigan professor's anti-Gay bias suit
- How to create a valid severance agreement: Sweeten the pot above and beyond the usual
- Getting along without employee on FMLA leave? Go ahead and terminate
- If worker on RIF list has sought reasonable accommodations, be prepared to justify