24 | Classification Guidebook © 2024 Seyfarth Shaw LLP | www.seyfarth.com representation and consider who would make a strong potential witness. The Committee should be exposed only to relevant data. They should keep notes of the actual decisions, but not deliberations. 8. If not all employees in a single job category will be eliminated, develop selection criteria for the reduction in force. Consider the following when developing the criteria: Use objective criteria first Use only work-related criteria Give credit for experience Use seniority where ability is relatively equal Identify/develop selection criteria information sources, like performance appraisals, productivity measures, and supervisor rankings Emphasize uniform application Consider affirmative action issues 9. Depending on the scope of the position eliminations, consider conducting an adverse impact analysis for protected groups. If such analysis is needed, it should: be conducted at the request and direction of legal counsel to protect it from disclosure; include an age/race/sex workforce profile as of the final selection date; and involve multiple analyses of the data, including, by way of example, analysis by position, department, job groups, salary grade, and age bands. 10. Determine whether severance will be offered in exchange for a release of all claims and whether early retirement or other voluntary incentive programs will be offered. If severance will be offered, prepare a termination release agreement, and for employees over 40 years of age, ensure that the release agreement is compliant with the Older Workers Benefits Protection Act (OWBPA). If two or more employees are being terminated, the OWBPA requires additional provisions for a valid release of age claims, including a 45-day consideration period and a separate disclosure list, which must provide information regarding the decisional unit, eligibility/selection criteria, time limits, and job titles (not names) and numeric ages (not dates of birth) of all eligible/selected employees and non-eligible/non-selected employees in the same job classification or organizational unit. 11. Provide internal job opportunity information to selected employees. Ensure that postnotification placements are pursuant to an open, valid, and competitive job posting procedure.
RkJQdWJsaXNoZXIy OTkwMTQ4