Foley & Lardner LLP Partner Dan Kaplan is quoted in the Society for Human Resource Management article “Make Time to Limit Liability for Layoffs,” discussing disparate-impact analysis when conducting layoffs.
A disparate-impact analysis is a review that compares a protected class of the workforce to the protected class of those selected for the layoff, explained Kaplan. If they don't align, there might be substance for a discrimination claim, he added.
While seniority is the easiest criteria to use, it doesn't help ensure the company winds up with the best employees, Kaplan said. Some employers instead review performance evaluations and rely on them as the objective factor.