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Sid Steinberg of Post & Schell. Courtesy photo Sid Steinberg of Post & Schell. Courtesy photo

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.

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