If your company has ever had to release employees, you have most likely been faced with the question of whether or not to use statistical measurements, or adverse impact analyses, to determine whether employees of protected groups have been disproportionately selected for termination. This article looks at how common termination-related claims actually are, and identifies the most effective ways to use an adverse impact analysis as a tool to reduce litigation risks associated with reductions in force.
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The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.