How can IRI help us minimize the risk of employment discrimination lawsuits in connection with reductions in force (“RIFs”)?
Before any pink slips go out, we determine whether or not the RIF you’re planning will provide statistical support for a discrimination charge. We can do this because the Supreme Court has clearly specified the statistical criterion for an inference of employment discrimination. To prevail, plaintiff must demonstrate that the disparity or disproportion complained of is at least “two standard deviations” in width. Working with you, we run the required “two standard deviation” tests on the RIF list before you finalize it. With these results available to you in advance, you can ensure that the RIF you ultimately conduct is statistically problem free.
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