In the News: Robin Shea Speaks to SHRM on Reductions in Force and Anti-Discrimination Laws
Constangy attorney Robin Shea was recently quoted in SHRM's article, "Align RIFs with Anti-Discrimination Laws." The article explores best practices for employers implementing reductions in force (RIFs), emphasizing the importance of aligning these actions with anti-discrimination laws to mitigate legal risks.
Underscoring the need for transparency, consistency, and documentation in RIF processes to ensure compliance with federal and state laws. Robin highlighted the critical role of objective selection criteria, advising, “Employers should always document their selection criteria and be prepared to justify their decisions with objective data.” She further emphasized the importance of proactive planning, noting, “A lack of consistency can invite scrutiny, so employers should ensure their decision-making processes are uniform and well-documented.”
Additionally, the article addresses the potential pitfalls of unconscious bias and the importance of auditing RIF decisions for disparate impacts. Robin added, “Even unintentional discrimination can result in legal exposure. Employers should analyze how their decisions might affect protected groups before finalizing any action.”
To read the full article on the SHRM website here.
Robin is a partner in Constangy's Winston-Salem office and serves as the editor-in-chief of Constangy’s legal bulletins and its four blogs: Affirmative Action Alert, California Snapshot, Cyber Advisor, and Employment & Labor Insider. With over 30 years of experience, Robin advises employers on compliance and represents them in employment litigation under federal laws such as Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the Equal Pay Act, and the Family and Medical Leave Act, as well as corresponding state laws. She also conducts workplace investigations and provides training for HR professionals, management, and employees on a range of employment topics.
