In an important decision that will affect how Pennsylvania employers conduct reductions in force, the 3rd Circuit Court of Appeals has approved sub-dividing groups of older workers so some may bring age discrimination claims even if the layoffs overall did not generally discriminate against older workers.
The court ruled that a RIF affecting only a subset of older workers is sufficient to support an Age Discrimination in Employment (ADEA) class-action lawsuit.
Recent case: A group of workers over age 50 sued Pittsburgh Glass Works, alleging age discrimination. They claimed the company implemented a RIF that ended up affecting their subgroup more than other age groups, such as workers between the ages of 40 and 49.
The RIF happened during the Great Recession, when auto sales plummeted to an 18-year low, tanking demand for the windshields and other auto glass made by Pittsburgh Glass Works.
The company argued that the RIF took...(register to read more)