Don’t let subjectivity, stereotypes, or statistics create age bias issues for your next RIF

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Reductions in force are bad enough. Don’t let decision-makers mishandle them and create litigation risks.

The plaintiff in this case had worked for his current employer and its three predecessors for over 27 years in tech-related positions. He was 58 years old.

In 2017, the plaintiff began reporting to a new supervisor. The relationship between the plaintiff and his supervisor was acrimonious from the start. The supervisor required the plaintiff’s subordinates to bypass the plaintiff and report directly to the supervisor instead. At the annual performance review, the supervisor gave the plaintiff poor marks, a first for the

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