“IKEA Hit with 5th Lawsuit Alleging Age Discrimination”
In an article published on February 27, 2019, in HR Dive, Matt Gomes, a partner with Weinberg Wheeler Hudgins Gunn & Dial, discusses how employers need to proceed with caution when planning layoffs, distributing promotions or carrying out any staff reorganization. "Older employees generally, because they've been in the company longer, tend to be more senior, more highly paid,” said Gomes, adding that seniority is a legitimate, bona fide justification for wage difference in the same job.
“When leaders choose to lay off those making the most money, they may be setting themselves up for an age discrimination claim,” Gomes said. It is important for HR to document everything from job interviews to performance reviews to the resulting decision, to avoid accusations of age discrimination.
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