Our layoff list has a high percentage of minorities. Is that illegal? 01-10-02

What should acompany do when a forced ranking procedure, honestly and objectively done, reveals that the blacks or women or disabled employees just aren't as talented as the white ones? Should they do what some college professors do and award A's to all the blacks just to keep them from squawking? Or engage in a little race-norming to boost the scores of low-rated performers who are members of a disadvantaged class?

Rita Risser replies:

Keeping less qualified minority employees and laying off white employees instead is illegal race discrimination. That's the textbook answer. Many Human Resource managers believe that minority employees are more likely to sue than white employees, and will keep them on to avoid suit. This is wrong, both morally and factually. Today, white employees are just as likely to sue for race discrimination, and they are finding a sympathetic ear in the courts.

Whether you lay off the white employees or the minority employees, you may get sued. But if you lay off the less qualified employees, no matter what their race, you will win.

Know employment law requirements to prevent situations like these by training with Fair Measures.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.