Takeaway: Management should expect that its rationale for selections in a RIF will be closely scrutinized so that all appropriate documentation should be reviewed and the reasons for selections should be applied consistently to all employees who are being considered. While there is deference to management's decisions in a RIF, when statistical data shows a disparity, management will want to have an explanation for how this arose in a nondiscriminatory manner.
Management's failure to review all the historical records related to the reasons for selection for termination in a reduction in force (RIF) did not prevent summary judgment dismissing age and race discrimination claims, according to the 6th U.S. Circuit Court of Appeals.
On Feb. 8, 2018, Benteler Automotive Corp. announced it would implement a RIF with job eliminations potentially starting in May 2018. The plaintiff, who was a white U.S. citizen, was 58 years old at the time he was terminated on May 4, 2018. Benteler considered several factors in selecting employees for termination, including "performance review[s], attendance, safety records [and] quality records." However, Benteler did not review all the historical data for employees considered, and Benteler represented the records reviewed were up-to-date only as of 2017.
Benteler selected the plaintiff because he had two negative attendance points as of May 4, 2018, and his performance appraisal indicated that while "he works hard to hit his line goals[,]" he was...
President Lee Jae-myung speaks at a Cabinet meeting held at Cheong Wa Dae on October 13. President Lee Jae-myung called for a stern response to the spread of false information regarding eggs rece...