LEGAL PITFALLS OF DOWNSIZING

This article analyzes 120 federal appellate court opinions fried betwe en 1990 and June 30, 1994 in which a plaintiff alleged that age discri mination motivated his or her termination during a reduction in force. Employers prevailed in 63 percent of these cases, either through a pr etrial summary judgment award or on the merits. The impact of two rece nt U.S. Supreme Court opinions on the outcomes of these cases, the pla intiff's limited right to a jury, and the courts' analysis of employer s' justifications for terminating plaintiffs are discussed. The articl e also reviews judicial response to the use of arbitration clauses in employment contracts that preclude litigation of discrimination claims .