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k, the restructuring plan should include consistent standards for the criteria to be used and the procedures to be followed for employment decisions. Finally, the restructuring plan also should establish a protocol to moni- tor implementation of the plan. In potential litigation, terminations that are not consistent with the established RIF criteria can lead to a finding that the restructuring plan was merely a pretext. Courts have held that a plain- tiff can show pretext by demonstrat- ing that (1) the termination was not in accordance with established RIF crite- ria; (2) the RIF criteria were manipulat- ed or falsified to facilitate termination; or (3) the RIF was generally pretextual, which could be shown by defendant's actions in seeking to replace RIFterminated employees with new hires shortly after the RIF. Once the restructuring plan has been designed, ensure that senior-level HR officials and/or others responsible for overseeing diversity efforts evaluate and validate the plan to ensure it will not disproportionately impact specific work groups. 2. Assess Rish: Identify and Evaluate Risk Factors. One of the most critical steps in the RIF component of a restructuring effort is the construction of groups that are subject to restructuring. Specifically, courts generally pay close attention to the justification employers offer for including some employees but not others in the category of employees subject to restructuring efforts. As one court noted, a sophisticated employer could immunize itself from liability by placing a person of color in a group of employees with greater seniority while banding all other employees with less seniority in another group not at risk of termination. The court further stated that it is not the process of ranking within the groups that is suspect, but rather the formation of groups themselves. Accordingly, management should highlight the objective reasons for grouping employees subject to restructuring efforts, such as by business unit, responsibilities/job duties, geographic location, etc. Management also should ensure to retain sufficient personnel to avoid recruiting new talent in the immediate future. As noted above, terminating a group of employees through a RIF and then in short succession hiring new employees to perform similar tasks could lead a court or jury to believe the employer's stated restructuring objectives were merely pretext. Furthermore there is a delicate balance to reducing costs, including through a RIF, and yet retaining sufficient personnel to sustain ongoing operations. Additionally, the restructuring efforts also present an opportunity for management to review and assess succession planning, which should include identifying, retaining, and developing all high-performing and high-potential employees. Most strong succession plans also incorporate and embed diversity throughout the process. 3. Mitigate Risk: Minimize Risk ExposureImpact and Probability. At the stage of reviewing employees subject to the RIF, evaluations should be performed without a predetermined goal. Factors that can be used to assist in making employment decisions are those normally reviewed in personnel decisions, including length of service, criticality of skills, future organizational needs, qualifications, performance appraisals, and interpersonal skills such as customer service. As with other employment actions, race/ethnicity, gender, and age should not be a factor in the employment decision. How