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Prima facie standard for discrimination cases different in reduction in workforce (RIF) situations
Nonprofit and Church Legal Trends - Free Edition - January February 2009 (free edition)
The prima facie case standard for surviving a motion to dismiss an employment discrimination case is different in cases where an employer has generally reduced the workforce because of business conditions, a federal District Court in Kentucky held. However, specific charges that a supervisor told employees they should retire because of their age are sufficient to withstand the motion to dismiss an age discrimination claim. The Court also ruled that claims of national origin discrimination could not survive in the face of a lay-off simply because of the national origin of employees laid off.
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