The U.S. Sixth Circuit Court of Appeals has found that terminated female plaintiffs, who claimed discrimination drove decisions in a reduction in force, failed to provide supporting evidence to make their case. The pro-employer decision came despite the fact that females comprised 53% of the workforce but 92% of those terminated. Why you ask?
The court found that the selection process was supported by legitimate business needs. The company had decided to eliminate positions in customer service, operations, and billing where 90% of the employees were women. The warehouse, movers, and drivers groups (70% male) were not part of the RIF. The accounting, marketing, and administration departments which employed a majority of women were also untouched. [Schollenbarger v. Planes Moving & Storage, 6th Cir.]
The moral of the story….. Difficult and seemingly discriminatory actions can be undertaken when made for legitimate business reasons which are well documented.
