What is the test for establishing a reduction in force discriminatory?
MultiRegion, United States of America
The following excerpt is from Thomas v. Allied Signal, Inc., 77 F.3d 490 (9th Cir. 1996):
"[I]n a case in which it is alleged that a [reduction-in-force] was carried out in a discriminatory fashion, the plaintiff may establish her prima facie case by demonstrating: (1) that she belongs to a protected class; (2) that she was discharged from a job for which she was qualified; and (3) that others not in her protected class were treated more favorably." Washington v. Garrett, 10 F.3d 1421, 1434 (9th Cir.1993) (citations omitted).
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