Recalling RIF'ed workers? Beware age bias.

When you're ready to welcome back workers who were laid off during the pandemic, make sure your managers are aware to avoid triggering discrimination lawsuits.

It could happen if your reduction in force cost the jobs of workers belonging to a protected class. If your rehires or new hires don't represent the same protected classes, you could be vulnerable to discrimination claims.

The biggest risk: COVID-related age discrimination. Because older workers are more vulnerable to COVID health risks, some employers may be hesitant to bring them back from furlough or reinstate them to jobs with lots of human interaction.

But any such actions would be discriminatory, the EEOC says, "even if the employer acted for benevolent reasons such as protecting the employee due to higher risk of severe illness from COVID-19." The same is true for unequal treatment of people with diabetes, high-blood pressure or other COVID-related health risks.

Recent case: The EEOC sued the Ohio State University, saying it illegally terminated an older worker during a reduction in force and then later hired a much younger...