Nancye M. Combs: Guest blogger 
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- Handling employee ultimatums
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- Maintaining a drug-free workplace
- Downsizing and discrimination
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- Three day weekends
- Questions and Answers with Nancye
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Downsizing and discrimination
Q. Our business is slow right now and I need to lay off three people from the warehouse for about three months. Whether I lay off by seniority or skill, all three will be minorities. I have 15 employees in the warehouse and there will only be one minority left among them after the lay off. What should I do to be sure I don't get sued for discrimination?
A. There is absolutely nothing you can do to be sure you won’t get sued. People sue for a hobby. The issue is not being sued, it is being successfully sued. You have taken the most important first step in layoffs. In human resources we call this process an adverse impact study. Whenever we prepare to take an adverse action in the workplace that involves employees, it is wise to do a formal study to see the impact against those affected. We study the impact based on gender, age and minority status.
In your case, you are at risk no matter what you do. If you choose skill as your primary criterion, then you must have credible documentation that those laid off are lacking the skills you need or that those you keep have a special skill that is essential. If you choose seniority, which would seem to be the safest method, the laid off employees may contend you chose seniority because you knew it would result in laying off minorities.
The smartest approach is to make a decision that is right for your business and a decision you can defend. Make absolutely certain that no other motive exists. If you have a decision maker who exhibits bias or who has a reputation of any form of bias, eliminate that person from the decision-making process. The safest method of all is voluntary layoff. If you have no preference on who should be laid off or if it would not adversely affect the business, notify the employees that it will be necessary to have a brief layoff and ask for volunteers. Should you get no volunteers then select skill or seniority as your criterion and move forward. Starting with the volunteer approach seems to negate that you are trying to get rid of minorities.
Downsizing and discrimination
October 9, 2007
Q. Our business is slow right now and I need to lay off three people from the warehouse for about three months. Whether I lay off by seniority or skill, all three will be minorities. I have 15 employees in the warehouse and there will only be one minority left among them after the lay off. What should I do to be sure I don't get sued for discrimination? A. There is absolutely nothing you can do to be sure you won’t get sued. People sue for a hobby. The issue is not being sued, it is being successfully sued. You have taken the most important first step in layoffs. In human resources we call this process an adverse impact study. Whenever we prepare to take an adverse action in the workplace that involves employees, it is wise to do a formal study to see the impact against those affected. We study the impact based on gender, age and minority status.
In your case, you are at risk no matter what you do. If you choose skill as your primary criterion, then you must have credible documentation that those laid off are lacking the skills you need or that those you keep have a special skill that is essential. If you choose seniority, which would seem to be the safest method, the laid off employees may contend you chose seniority because you knew it would result in laying off minorities.
The smartest approach is to make a decision that is right for your business and a decision you can defend. Make absolutely certain that no other motive exists. If you have a decision maker who exhibits bias or who has a reputation of any form of bias, eliminate that person from the decision-making process. The safest method of all is voluntary layoff. If you have no preference on who should be laid off or if it would not adversely affect the business, notify the employees that it will be necessary to have a brief layoff and ask for volunteers. Should you get no volunteers then select skill or seniority as your criterion and move forward. Starting with the volunteer approach seems to negate that you are trying to get rid of minorities.
Posted by Nancye Combs on October 9, 2007 | Comments (0)
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