> layoff plans must be communicated ahead of time. Minimum 30 days notice, usually much more
In the United States, employers with more than 100 full-time, non-probationary employees must provide 60 days notice of most planned layoffs[0]
> - LIFO principle for layoffs, newest employees are let go first. Stack ranking not possible
This is functionally equivalent to a stack ranking in that it is a forced-distribution scheme. It is just based on a single factor that is outside of the employee's control. Say what you want about stack ranking, but people do have a large degree of control over their job performance.
> Any kind of discrimination is forbidden
In the United States any kind of job discrimination against members of protected classes[1] in illegal. Even inadvertently disparately impacting[2] members of a protected group is illegal.
> In the United States, employers with more than 100 full-time, non-probationary employees must provide 60 days notice of most planned layoffs[0]
This seemed quite surprising to me, and from reading your reference, I don't think it's nearly as broad a protection as it seems to me like you're stating it. the law seems to apply to companies that you describe, but the types of events that they need to provide notice for don't seem like "most planned layoffs" to me; the employee guide lists the following as potentially being covered:
• A plant closing (see glossary)—where your employer shuts down a
facility or operating unit (see glossary) within a single site of employ-
ment (see glossary and FAQs) and lays off at least 50 full-time workers;
• A mass layoff (see glossary)—where your employer lays off either
between 50 and 499 full-time workers at a single site of employment
and that number is 33% of the number of full-time workers at the sin-
gle site of employment; or
• A situation where your employer (see glossary) lays off 500 or more
full-time workers at a single site of employment
I don't think most layoffs in the US are due to shutting down an entire office, a third of an office with at least 150 people, or 500 people from the same office. I'd expect most layoffs to either be much less concentrated in a single location or not large enough to hit the defined thresholds.
Plant closings involving 50 or more employees during a 30-day period.
California law has:
Plant closure affecting any amount of employees. Layoff of 50 or more employees within a 30-day period regardless of % of workforce. Relocation of at least 100 miles affecting any amount of employees. Relocation of a call center to a foreign country regardless of the percentage of workforce affected.
> In the United States, employers with more than 100 full-time, non-probationary employees must provide 60 days notice of most planned layoffs[0]
I'm not sure how that works, because I've been at a US company that did layoffs and they suddenly announced the layoff saying the impacted employees would be notified within a day.
Except for France and other European countries, where they announced the beginning of the process meaning the number and list of people let go wasn't decided yet (it would have been illegal).
There's no such thing as a protected group in US law - a protected class means a certain property of someone that employment decisions can't depend on, not a value of that property.
First, I'll say it is pretty common to use the terms interchangeably. I don't think anyone was confused by what I wrote, or that your "clarification" was in any way helpful. See, for example, these legal groups using the term "protected group" in relation to US employment law:
Secondly, I used the phrase "protected group" referring to disparate impact, and here, your assertion (to the extent it has any validity at all) is simply incorrect. The entire idea is to ferret out subtle acts of discrimination that have an outsize impact on a group consisting of members of a protected class, and in the case law you see the phrase "protected group" used explicitly. For example:
On the contrary, the ultimate burden of proving that discrimination against a protected group has been caused by a specific employment practice remains with the plaintiff at all times (Watson v Fort Worth Bank & Trust, 487 US 977 - Supreme Court 1988[0])
Companies in the US have been blatantly discriminating against some classes for years, and now must turn around and blatantly discriminate against other classes now (based on the current ‘anti-DEI’ stance). Racism and sexism in hiring in Europe and Asia has always been a thing, and quite blatant too.
In the United States, employers with more than 100 full-time, non-probationary employees must provide 60 days notice of most planned layoffs[0]
> - LIFO principle for layoffs, newest employees are let go first. Stack ranking not possible
This is functionally equivalent to a stack ranking in that it is a forced-distribution scheme. It is just based on a single factor that is outside of the employee's control. Say what you want about stack ranking, but people do have a large degree of control over their job performance.
> Any kind of discrimination is forbidden
In the United States any kind of job discrimination against members of protected classes[1] in illegal. Even inadvertently disparately impacting[2] members of a protected group is illegal.
0 - https://www.dol.gov/general/topic/termination/plantclosings
1 - https://www.eeoc.gov/employers/small-business/3-who-protecte...
2 - https://www.law.cornell.edu/wex/disparate_impact