Layoffs And Statistical Evidence Of Discrimination

Law360, New York (December 9, 2008, 12:00 AM EST) -- The recent downturn in the economy has resulted in a substantial increase in the number of layoffs in a wide variety of industries. As labor economists, we are often asked to conduct statistical analyses of layoffs to determine whether there is evidence of adverse impact against a legally protected group of employees.

Here, we offer some observations that we hope will be useful for organizations that are undertaking the difficult layoff process. These suggestions are based on lessons that employers have learned as they have defended...
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