Reductions in Force May, in Some Instances, Be Discriminatory
Recently, it has been sad to witness the frequency in Reductions in Force (RIF) which seem to be increasing in intensity. We do wish, however, to point out that there have been occasions, where the “reduction” although identified as such, was, in some part, motivated by age discrimination.
It becomes necessary, therefore, that when a potential client discusses termination as part of a reduction in force, we inquire further to determine whether he or she was identified in the reduction in a fair and appropriate fashion. We have, on occasion, identified instances, in which, during an appropriate and acceptable “reduction” we have found that discrimination existed. When such is found to be the case, the courts have responded by labeling the discriminatory conduct as such, despite the label that was affixed to it by the employer. We believe, therefore, that we must be vigilant in order to identify unlawful conduct, as such, despite the label that may be affixed to it. We would invite our colleagues to review Ferguson v. Lander, 3:06-CV-0328, with respect to this subject.
