The article, Avoiding Adverse Impact Claims in Times of Crisis, co-authored by Amy Aukstikalnis and Valentín Estévez, discusses how to manage the legal risk of a reduction in force (RIF) and similar employment actions during the COVID-19 crisis. HR.com has featured the article on the June cover of its e-publication HR Legal & Compliance Excellence.

Dr. Aukstikalnis is a Principal of Welch Consulting and works out of the firm’s Los Angeles office. Dr. Estévez is a Managing Director at the Bryan, Texas and Washington, DC offices.

Auditing employment data in a proactive analysis can help avoid adverse employment effects among minority groups of employees. Identifying trouble spots early may enable firms to mitigate the threat of workplace discrimination lawsuits. In situations wherein raw or diverse data collection and organization are required, such as when a reduction in force is anticipated, a disparate impact analysis is important to consider.

More broadly, Welch Consulting’s diversity and inclusion consulting can assist firms in identifying shortfalls in hiring and promotions, and provide adverse impact analysis statistics if shortfalls may be small enough, or occur infrequently enough, that they can be explained by random fluctuations in a company’s practices.