When employment laws get violated, the cause is rarely a conscious decision made by someone. The most frequent cause is sloppiness —not following guidelines or inconsistent application of policies. Make sure that all managers involved in the headcount solution:
Are well versed in their accountabilities under employment laws.
Act consistently with respect to all policies and procedures.
Act with sensitivity and compassion.
Document all their decisions, including the analyses carried out to assess whom to cut and whom to keep.
Most employment law experts suggest that you have a snapshot of employees before and after cuts are made. If the comparison of the two appears to hit a protected group disproportionately, make sure your actions are defensible in terms of the business relatedness of your decisions and assurances of consistency in practice.