Even where rating employees subjectively, employers need to be sure to also rate them and co-workers consistently. This is particularly the case where subjective ratings may be used to make decisions as part of a reduction in force. This was exemplified in the recent decision of Ray v. AT&T Mobility Services, No. 18-3303 (E.D. Pa. Dec. 28, 2020), in which an employee successfully challenged her inclusion in a reduction in force based upon her ratings in comparison to similarly situated employees.

24 Years as Manager

Alison Ray worked for AT&T for approximately 24 years before her layoff in 2018. She held management positions for the entirety of her employment culminating in the position of director of sales operation (DOS). The DOS position was, essentially, a territorial sales manager position in which Ray was responsible for managing both company-owned retail stores and indirect retail stores (like Best Buy) in a particular territory. While AT&T reassigned sales territories a number of times, her final position was as one of eight directors of sales operation in the East Region, which spanned sales territories in Ohio, Pennsylvania and New Jersey. In this position, Ray was supervised by Judy Cavalieri, a vice president who was one year older than her.