Managers should keep in mind, BEFORE layoffs become necessary, that laid-off workers, understandably PO'd, sometimes hit back by suing the former employer for discrimination (age, race, ethnicity, nationality, religion), or for sexual harassment. The charge might be completely bogus, but fighting it can still be expensive. The employer may have to demonstrate, usually with contemporaneous written evidence (job evals, etc.), that there were legitimate reasons for the layoff or other action. See generally <a href="http://www.legalworkplace.com/layoffs_result_in_more_discrimination_lawsuits_elt.aspx" rel="nofollow">http://www.legalworkplace.com/layoffs_result_in_more_discrim...</a>.<p>To illustrate the point: A client of mine once had to do layoffs. One of the laid-off employees filed a charge with the EEOC. He belonged to Religion X. He claimed he was discriminated against because of it. In response, we pointed out who else belonged to Religion X: the guy's manager's manager; his VP; the COO; the CEO; a majority of the board members; etc. That was the end of <i>that</i> charge, but it still took some management time and legal fees to respond.