WIRTW #749: the 'DEI webinar' edition
On 3/5 at 4 pm, I'll be part of a very timely webinar on the current state of Diversity, Equity, and Inclusion, Unlearning DEI is The Vi...
Archive: February 2025
Will SCOTUS heighten the evidentiary burden for plaintiffs in "reverse discrimination" cases?
By Jon Hyman
Yesterday, the Supreme Court heard oral arguments in the case of Marlean Ames, a straight woman who sued the Department of Youth Services fo...
Cards Against Liability
By Jon Hyman
Have you ever played Cards Against Humanity? For the unfamiliar, it's a party game where players take turns filling in the blanks of abs...
This is not normal
By Jon Hyman
THIS IS NOT NORMAL That was the subject line of an email sent by an EEOC judge to all of her coworkers in response to an agency directive th...
WIRTW #748: the 'tracking' edition
By Jon Hyman
"I have nothing to do with Project 2025. That's out there. I haven't read it. I don't want to read it, purposely. I'm n...
EEOC's policy shift to "protect American workers" is all about punishing non-Americans
By Jon Hyman
If you hire non-Americans, the EEOC is coming after your business. In a press release , Acting Chair Andrea Lucas says the following: ...
A tale of two approaches to noncompete agreements
By Jon Hyman
Big news on noncompetes—from two very different directions. First, the NLRB just quietly backed off its aggressive stance that most noncompe...
EEOC moves to dismiss transgender-discrimination lawsuits
By Jon Hyman
"EEOC seeks to drop race discrimination cases brought on behalf of Black workers, citing Trump's executive order." This is not...
What makes an accommodation "reasonable"?
By Jon Hyman
Let's talk about Nguyen v. Bessent and the IRS's year-long effort to accommodate an employee with medical limitations. Thuy-Ai Nguy...
WIRTW #747: the 'tariffs' edition
By Jon Hyman
The Trump administration just announced new tariffs on aluminum and steel. That might not sound like a big deal to most, but for small busi...
The attack on DEI does not mean employers must or should eliminate anti-harassment training
By Jon Hyman
Even as some push back forcefully against DEI workplace initiatives, courts are pushing back even harder. Consider these excerpts from Dieme...
Protecting the rule of law
By Jon Hyman
"Judges aren't allowed to control the executive's legitimate power." — Vice President JD Vance We need to talk about the r...
How to respond to the Justice Department's DEI hitlist
By Jon Hyman
"The Department of Justice's Civil Rights Division will investigate, eliminate, and penalize illegal DEI and DEIA preferences, mand...
WIRTW #746: the 'fly, eagles fly' edition
By Jon Hyman
All-Pro Reels , CC BY-SA 2.0 , via Wikimedia Commons Are you ready for the Big Game? As a Philly native and die-hard Eagles fan, I sure am! ...
What the EEOC just said—and didn't say—about the current state of workplace right
By Jon Hyman
"The EEOC is open for business." That's what the agency just declared in a series of frequently asked questions about the imp...
What hiring and employment look like without DEI
By Jon Hyman
What does a country without DEI look like? Some people say that's what they want. No more diversity, equity, and inclusion initiatives i...
The dos and don't of workplace AI policies
By Jon Hyman
According to a recent BBC article , half of all workers use personal generative AI tools (like ChatGPT) at work—often without their employer...
We cannot simply oblish OSHA
By Jon Hyman
"The Occupational Safety and Health Act of 1970 repealed. The Occupational Safety and Health Administration is abolished." That...