AgedPerson
New Member
- Jurisdiction
- New York
Suppose a company is terminating a number of employees all from a given large group that is comprised of several different departments, with each department headed by a different manager. The company is required by the ADEA to define the "Decisional Unit" from which the "terminated" employees were chosen, to define the "criteria for selection" for the termination, and to provide the ages of the terminated and non-terminated employees. The purpose of providing the age related data is to give the terminated employees the ability to determine if there was a disparate impact against older workers. My question is: Does the ADEA provide the company the flexibility to define a Decisional Unit and criteria for selection for each department, even though the termination action was coordinated at the level of the larger group?
I believe the answer is unequivocally "no". Aside from asking the company for the data associated with the larger group, is the only way to get the data to file a lawsuit?
I believe the answer is unequivocally "no". Aside from asking the company for the data associated with the larger group, is the only way to get the data to file a lawsuit?
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