In The Muppet Christmas Carol, the “Ghost of Christmas Yet to Come” escorts Ebenezeer Scrooge back to a graveyard after taking Scrooge through a disturbing future, prompting Scrooge to say, “Must we return to this place?” As we forecasted last week, much like the Dickensian apparition, so, too, does our blog return to the often-unpleasant topic of reductions in force (RIF).

While we covered WARN Acts (both federal and state) in our last post, RIF-related considerations don’t stop with there. Even if you’re satisfied that you have met your WARN-related obligations, there are even more federal laws and practical considerations to consider when implementing a RIF. But fear not. If you plan your layoffs with these considerations in mind, you can minimize the risk of unwanted confrontations with employees past.

• Anti-discrimination and adverse impact. Selection criteria and implementation methods should avoid the appearance that employees were selected based on a protected category in violation of Title VII, the ADEA, the ADA, and other federal or state statutes. As we noted previously, while adverse impact enforcement is no longer in vogue with the EEOC, a former employee can still pursue that claim in litigation. Consider the employees that you select for a RIF and ensure that those decisions correspond with a legitimate business need. Maintain and document a consistent, nondiscriminatory process. Consult with legal during the process to make sure that an outsider (like a...

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