An attorney specializing in employment law discusses artificial intelligence and noncompetes.
Before implementing a , employers often prepare an internal employee census listing job titles, compensation and available demographic information to compare who is being laid off and who is retained, helping identify potential disparate impact and reduce legal risk. Christopher S. Mayer, J.D., an employment law specialist with the firm , discusses legal requirements and avoiding legal liability when using in human resources.
Medical Economics: If an employer is not allowed to ask a person's age when they apply for a job to avoid discrimination, how are they able to avoid potential liability when you're making a layoff, if you're not totally sure of a person's age?
Christopher S. Mayer, J.D.: That's a good question. Employers do have access to the information. They have access to the birth dates of their employees, and most employers have to do annual EEO reporting, so it requires them to gather some of that information. Although a lot of the information, folks don't have to provide it. It's optional, like race and things like that. So you don't always have all the information. Age is one that employers do tend to have all of it. You do know the ages of your workforce, just because on certain pre-employment and early employment documentation, you have to disclose your age, but other categories, you don't necessarily know it. In that instance, it can be a problem. What you have to...
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