Taking into account the possibility of a disparate impact claim is a mandatory consideration for any employer engaged in a RIF.
It is essential that employers assess whether or not a RIF will have a statistically significant disparate impact on a protected class before finalizing layoff decisions.
Often, several relevant work force possibilities exist for analysis, and an employer planning a RIF would be wise to assess a potential disparate impact in all groupings that might reasonably be subject to challenge.
Clearly, a generic "cookie-cutter" approach to a statistical analysis of a RIF is dangerous.
The availability of the disparate impact theory of liability in age discrimination cases is very important to consider in the RIF context.
Thus, any comprehensive assessment of the adverse effects of RIF selections can generate a large array of statistical results, likely even statistically significant results, and a dizzying array of potential employment decisions to check, recheck, and validate.
To validate our microarray findings, 10 new samples consisting of 5 from the RIF group (RIF8, RIF9, RIF10, RIF11, and RIF12) and 5 from the control group (C6, C7, C8, C9, and C10) were used to assess the expression of some miRNAs by quantitative real-time polymerase chain reaction (PCR).
The miRNA array identified 105 microarray probes with expression levels in RIF patients that were 2-fold greater compared with those in the control group (93 upregulated and 12 downregulated).
The first branch in the miRNA heat maps was able to differentiate samples from the RIF group and the control group.
New endometrial samples from the RIF group ( n = 5; RIF8, RIF9, RIF10, RIF11, and RIF12) and control group ( n = 5; C6, C7, C8, C9, and C10) were used for this validation.
Selection for validated miRNAs was done according to the following criteria: (i) miRNAs, the raw signal for each sample in the miRNA microarray analysis was >50 and was differentially up- or down-regulated in samples from the RIF group compared with the control group; and (ii) miRNAs that were in the core mRNA-miRNA network results.
Therefore, we used a microarray technique to investigate the miRNA profile of women with RIF compared to women who conceived after their first attempt of embryo transfer.