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Employment Law: Layoffs and Ageism

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A Fortune 500 employer wishes to lay off 25% of its workforce due to rapidly declining sales. The employees vary in age and length of service, with half of the employees being above the age of 40 and half being below the age of 40. Also, half of the employees have been with the employer in excess of 10 years. What legal consideration(s) must the employer assess before engaging in this reduction-in-force?

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The main factor in layoffs is that management has to ensure the employees chosen to layoff are not for discriminatory reasons. Management cannot choose to lay off 25% of its workforce based upon the oldest workers in the employee population, nor can it choose to lay off all of the women or men in the company, to make up the 25% of layoffs. The main point in layoffs is that the criteria chosen to lay employees off cannot be discriminatory. If an employee can prove that he or ...

Solution Summary

This solution discusses the legal considerations involved in laying off a percentage of the workforce based on age. A thorough discussion is provided.

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Help finding relevant case law - Employment Discrimination

I need some help finding relevant case-law on a project. I need to find case law (both State and Federal), statutes (both State and Federal), and recent newspaper and journal articles relating to a fact pattern below. The state I need to find case law for is Missouri.

In the end I (not you) will be writing a memorandum using this case law. My issue is that I never seem to be on point with the legal "issue." God knows, but I seem to stray around the edges.

The fact pattern I need to approach (and your help approaching to find relevant material - at least three cases along with Federal and Missouri Statutes) is:

XXX Company promoted Jason, a 35 year old employee, to a position as foreman while passing over David, a 60 year old employee. Jason has been with the Company only two years but according to the immediate supervisor, "is going places in this Company". David has been with the company for 15 years with excellent evaluations. When David applied for the job, his supervisor told him he was too old for the job and he preferred a younger man who would be in the job for "more than just a couple of years". David is now threatening suit.

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