COVID-19 Layoff Or Pretext For Age Discrimination Against Older Employees?

“In the context of COVID-19 layoffs, there are some red flags that may suggest that the employer is targeting an employee(s) because of their age rather than a legitimate business need to reduce the workforce. These red flags include:

• The company institutes a relatively small-scale layoff, which includes a number of more experienced, older, and higher-paid employees
• Younger, less experienced, and less expensive employees are retained and in some cases take over the work of the departed, older workers
• Comments by decision-makers reference (or had referenced) the experience level, age, higher salaries, nearness to retirement, etc. of the older employees
• The employer hires new, younger employees within a relatively short period of time after the older employees are let go