Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes.
The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.
Wingate
Peter H
PH
Department of Psychology, Colorado State University, Fort Collins, Colorado 80523-1876, USA. pwingate2@attbi.com
Thornton
George C
GC
McIntyre
Kelly S
KS
Frame
Jennifer H
JH
D017677:Age Distribution; D000704:Analysis of Variance; D002961:Civil Rights / Q000331:legislation & jurisprudence*; D016206:Databases, Bibliographic; D003657:Decision Making; D004651:Employment / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D035082:Federal Government; D005260:Female; D006801:Humans; D033222:Judicial Role; D008297:Male; D008875:Middle Aged; D020415:Personnel Downsizing / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D010559:Personnel Management / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D011287:Prejudice; D017678:Sex Distribution; D014481:United States