An editor at The Atlantic was accidentally added to a high-level Signal group chat where Trump administration officials were planning military strikes in Yemen.
Yes, you read that right. A journalist, in a chat with top government officials, while they were actively discussing where and when to launch missiles.
It's an appalling breach of national security. It’s also a teachable moment for employers.
If the highest of federal officials can accidentally include a reporter in a thread outlining imminent military action, your company's employees can accidentally include the wrong person in a message about a client, a deal, a product launch, or a sensitive HR issue.
Tuesday, March 25, 2025
A teachable moment on digital communication security
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 21, 2025
WIRTW #752: the 'this is 40' edition
"Could the President decide that he wasn't going to appoint or allow to remain in office any heads of agencies over 40 years old?"
"I think that that would be within the President’s constitutional authority under the removal power."
That exchange took place earlier this week between Judge Karen Henderson, a Reagan appointee to the D.C. Circuit Court of Appeals, and Deputy Assistant Attorney General Eric McArthur during proceedings over the termination of board members from two independent federal agencies, the National Labor Relations Board and the Merit Systems Protection Board.
The claim that Trump has the constitutional authority to fire employees based on their age is appalling on its own. The Age Discrimination in Employment Act, which protects employees 40 and older, has plenty to say about that claim.
Even more disturbing, however, are the broader implications of the government's argument. Replace "over 40" with "Black," "female," "gay," "lesbian," "transgender," "Muslim," "Jewish," "disabled," or any other protected class. By McArthur's reasoning, those terminations would be just as lawful under Trump's "constitutional removal power." The government is arguing that Trump has the constitutional authority to remake the federal workforce into one only comprised of while, male, cisgender, under 40, non-disabled, Christians.
That argument isn't just legally dubious—it's a direct attack on the principles of equal opportunity and non-discrimination that underpin our society and our democracy. If accepted, it would open the door to a federal workforce shaped entirely by a President's personal biases, rather than merit, experience, or the law. The Constitution does not grant any President unchecked power to purge employees based on protected characteristics. This isn't about removal authority. It's about whether the rule of law still applies, even when the President finds it inconvenient to his agenda.
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 20, 2025
EEOC issues guidance on "DEI-related discrimination," but doesn't bother to define it
What is "DEI-related discrimination at work?" No one knows, including the EEOC.
Late yesterday, the EEOC released two new policy documents aimed at eliminating "unlawful DEI" in the workplace: What You Should Know About DEI-Related Discrimination at Work and What To Do If You Experience Discrimination Related to DEI at Work (the latter even available as a poster-sized PDF).
The most revealing line appears in the opening sentence of the "What You Should Know" document:
"Diversity, Equity, and Inclusion (DEI) is a broad term that is not defined in Title VII of the Civil Rights Act of 1964."
Of course it's undefined, because DEI is not illegal.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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This is what a constitutional crisis looks like
Translation: If you don't like a court ruling, you appeal. You don't ignore it. You don't retaliate against the judge. And you don't call for their impeachment.
And yet… here we are.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 13, 2025
This is what effective HR looks like
"It's my job to stand up and be the buffer between politicals and career employees, and I'm just trying to do my goddamn job. They have no idea who they picked a f—king fight with."
That's Traci DiMartini, the ousted head of human resources at the IRS, speaking out after she says she was fired for telling agency employees that DOGE had orchestrated their firings.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 7, 2025
WIRTW #750: the 'rule of law' edition
This news should alarm any rational lawyer. Donald Trump has issued an Executive Order punishing Perkins Coie, the law firm that represented Hillary Clinton's 2016 campaign.
The EO does the following:
- Directs federal agencies to identify and terminate, where legally permissible, contracts with Perkins Coie.
- Requires government contractors to disclose any business dealings with the firm.
- Mandates the suspension of any active security clearances held by individuals at Perkins Coie.
- Instructs the EEOC to review the diversity, equity, and inclusion practices of major law firms, including Perkins Coie, to ensure compliance with Title VII of the Civil Rights Act.
- Limits official access to federal government buildings for Perkins Coie employees.
- Advises government employees to restrict official engagements with Perkins Coie or its attorneys.
"This is an absolute honor to sign," Trump said from the Oval Office. I call it a horror show.
In response, the firm says that the EO "is patently unlawful, and we intend to challenge it."
Lawyers and law firms should never fear persecution from the President of the United States for simply doing their jobs. The rule of law depends on attorneys being able to zealously represent their clients—whether they are Democrats, Republicans, corporations, or individuals—without political retribution. A functioning democracy requires an independent legal profession, free from government intimidation. If lawyers can be punished for representing disfavored clients, our entire justice system, our rule of law, and our very Constitution are all at risk.
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 20, 2025
EEOC's policy shift to "protect American workers" is all about punishing non-Americans
If you hire non-Americans, the EEOC is coming after your business.
In a press release, Acting Chair Andrea Lucas says the following:
"The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop.… Many employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law prohibiting national origin discrimination."
Lucas's statement—while technically correct under Title VII—creates more problems than it solves.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 13, 2025
The attack on DEI does not mean employers must or should eliminate anti-harassment training
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 12, 2025
Protecting the rule of law
"Judges aren't allowed to control the executive's legitimate power." — Vice President JD Vance
We need to talk about the rule of law—because it's under serious attack.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 11, 2025
How to respond to the Justice Department's DEI hitlist
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What does it mean? No one really knows. What we do know is that diversity, equity, inclusion, and accessibility are top priorities for this administration. The key question is how the administration defines "illegal."
Here's what we can infer so far:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 5, 2025
What hiring and employment look like without DEI
What does a country without DEI look like? Some people say that's what they want. No more diversity, equity, and inclusion initiatives in hiring or the workplace. Just a pure "meritocracy."
So what does that actually look like?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 3, 2025
We cannot simply oblish OSHA
"The Occupational Safety and Health Act of 1970 repealed. The Occupational Safety and Health Administration is abolished."
That's the full text of H.R. 86 — the Nullify Occupational Safety and Health Administration Act — with Representative Andy Biggs introduced in Congress late last week.
In support of his reckless and dangerous legislation, Biggs stated:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 29, 2025
Trump illegally guts the EEOC of its Democratic members
Remember last week when I told you that Trump would try to dismantle all of our federal workplace discrimination laws?
Well, the first shoe has just dropped—right on the EEOC’s neck.
Late yesterday, news broke that Trump fired two Democratic EEOC Commissioners, Jocelyn Samuels and Charlotte Burrows. This move leaves only two Commissioners on the five-member EEOC: Republican Andrea Lucas (whom Trump had previously named acting chair) and Democrat Kalpana Kotagal and no quorum. Without a quorum, the EEOC is now paralyzed—unable to issue rules, provide legal guidance, or direct staff to take key enforcement actions like pursuing litigation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Saturday, January 25, 2025
Is Trump coming after Title VII next?
"Dad, did Trump just get rid of workplace discrimination laws?" That's the question my daughter asked me yesterday.
She was referring to his Executive Order entitled, Ending Illegal Discrimination and Restoring Merit Based Opportunity.
To answer Norah's question, no, that EO did not get rid of workplace discrimination laws. Instead, it dismantled federal Diversity, Equity, and Inclusion programs and placed all federal DEI employees on unpaid leave. It also rescinded Executive Order 11246, originally signed by President Lyndon Johnson in 1965, which prohibited federal contractors from discriminating based on race, color, religion, sex, or national origin, and further removing their affirmative action obligations in that regard.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 22, 2025
Neurodivergence is not an excuse for racism
"He's on the spectrum" is not an excuse for racism.
I've seen more than one person attempt to justify Elon Musk's Nazi salute, or dismiss it, citing his Asperger's syndrome, a form of autism spectrum disorder.
I call 🐂💩!
Bigotry, racism, and antisemitism are not symptoms of Asperger's or autism. They are, however, hallmarks of being a bigot, racist, or antisemite.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 12, 2024
Does civility still matter?

I'm not ready, however, to give up on civility. But we have to take a stand. No matter who sits in the Oval Office, words still matter.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 11, 2024
Do you know what to do if ICE raids your business?

For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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