WIRTW #771: the 'americana' edition

Should out to the best band in the land, Old 97's. On Wednesday they will receive a Lifetime Achievement Award at the 2025 Americana Awards & Honors in Nashville. This honor is so well earned. They are an alt-Americana pioneer who have been making great music with the same lineup since 1994. In my humble opinion, this is also long overdue. 

---

Here's what I read this week that you should read, too.

Does the NLRA protect the lone-wolf complainer?

When does the National Labor Relations Act protect as "concerted" the workplace complaints of a "lone wolf"? More often than you think.

In Miller Plastic Products, Inc. v. NLRB, A fabricator questioned whether the company at which worked early during the Covid pandemic was truly "essential." He challenged return-to-work protocols at an all-hands meeting and again later during a one-on-one with his manager, and urged a coworker with health risks to speak up. Days later, he was fired for "talking, attitude, and productivity."

Waxing philosophical: workplace speech vs. anti-discrimination law

Federal anti-discrimination laws protect people, not the content of their speech. Amy Wax, a Penn law professor (who, frankly, should have known better) just learned this lesson the hard way.

The law school disciplined her for what the it labeled "flagrant unprofessional conduct" stemming from a string of statements she made—some in the classroom, others in media—that denigrated racial minorities and others, including:

• Insinuating that Black people are inherently inferior to whites.
• Asserting the U.S. would be "better off with more whites and fewer nonwhites."
• Telling a Black colleague it's "rational to be afraid of Black men in elevators."
• Dismissing interracial marriage as misguiding advertising.
• Commenting on a podcast that Black women are "single moms with a bunch of guys who float in and out."
• Saying same-sex relationships are selfish and not about community or family.
• Claiming the country is better off with "fewer Asians" and describing them as resentful and envious of Western achievements.

Wax sued, claiming that punishing her for years of inappropriate racist, sexist, and homophobic statements was discrimination against her as a White Jewish woman.

WIRTW #770: the 'season 4' edition

This week marks the launch of season 4(!) of The Norah and Dad Show podcast.

Norah and I chat about our summer, which included a trip to Boston + a trip to Peniche, and her getting settled in for her sophomore year away at college. It also included some unwanted visitors getting to know Norah a little too well (which you can hear all about in the clip below).

As an aside, we had a great summer having Norah home. It is different having an adult-aged child, and I genuinely enjoyed getting to know my daughter as an adult and developing a different type of relationship with her. 10/10. Highly recommended.

You can listen to this full episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and everywhere else you get your podcasts. And while you're there, hit the subscribe button to make sure you get new episodes delivered to you when they drop every other Tuesday.

---

Here's what I read this week that you should read, too.

Marijuana legalization ≠ job protection

In Flannery v. Peco Foods, the 8th Circuit just provided a sharp reminder of how far the gap can be between what's "legal" for individuals and what's protected in the workplace.Flannery was fired after a drug test showed THC in his system. He said it came from CBD oil, pointed to the company handbook, and argued his levels were under the listed threshold. None of it mattered. He worked in an at-will employment state, and the court said plainly: employers can terminate "for good cause, no cause, or even a morally wrong cause."

That same lesson applies in Ohio, even after the state legalized recreational marijuana use last year and medical marijuana five years earlier.

Here's what Ohio law says about marijuana and employment:

Defending the "kitchen sink" discrimination lawsuit

Arnett Moore, a 51-year-old Baptist Black man, worked as a Division Manager for Avon. When Avon restructured, the company compared the performance of division managers in the region. Moore's numbers came in last. The decision-makers documented the process, applied objective sales data, and had multiple levels of approval. As a result, Avon fired Moore.

Moore then sued. First, he said Avon discriminated against him because of his disability or perceived disability Then he added sex. Then age. Then, race. And even religion. In the end, his complaint alleged six different forms of discrimination.

WIRTW #769: the 'slavery' edition

Donald Trump wants to make slavery great again.

In a rant on Truth Social, he fumed: "The Smithsonian is OUT OF CONTROL, where everything discussed is how horrible our Country is, how bad Slavery was… We are not going to allow this to happen.… This Country cannot be WOKE, because WOKE IS BROKE."

I can't believe I have to write this, but yes, slavery really was THAT BAD. Worse than bad. It was a centuries-long system of forced labor, racial terrorism, family separation, rape, murder, and dehumanization. It was chattel slavery—the commodification of human beings—on a scale unmatched in the Western world. It was, without exaggeration, the greatest moral stain on American history. Saying otherwise only displays your ignorance and bigotry.

Read the rest of this post at my Authoritarian Alarm Substack. (And while you're there, don't forget to subscribe.)

---

Here's what I read this week that you should read, too.