Before I will bless a client's decision to terminate an employee, I always ask this question: "Tell me about the demographics — race, sex, age, known disability, etc. Did they complain about something at work and when? If I go through your personnel records, will I find someone outside of the to-be-terminated employee's protected class whom you've treated better?"
Tuesday, May 30, 2023
Here are 11.25 million reasons to settle a lawsuit
Before I will bless a client's decision to terminate an employee, I always ask this question: "Tell me about the demographics — race, sex, age, known disability, etc. Did they complain about something at work and when? If I go through your personnel records, will I find someone outside of the to-be-terminated employee's protected class whom you've treated better?"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 9, 2023
My privilege is NOT a superpower
I am currently in Nashville, at the Craft Brewers Conference. I'm spending my time split between networking at the Start A Brewery lounge that my firm is co-sponsoring, and attending educational sessions. One such session, which I attended yesterday, was titled, Privilege as Your Superpower.
In these turbulent times, so many know they want to do something about inequity, but don't know where to start. Unfortunately, concerns about saying the wrong thing or not having the power to create change lead many to do nothing. It is essential for leaders to understand the concepts of both systemic and individual privilege, because when they do, they will find that their privileges are actually their superpowers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 4, 2023
When you offer a reason for something, you better be really, really sure it’s correct
It is with great sadness that we announce that the Founders Detroit Taproom will be permanently closing its doors today.
Unfortunately, our Detroit location has not been immune to the struggle to regain foot traffic after temporary Covid closures that have impacted restaurants and bars across the nation.
That was the message that Founders Brewing Company posted across its social media channels earlier this week.
There is no doubt that the bar and restaurant industry has struggled throughout the pandemic and, in pockets, continues to struggle. Consider, however, that less than three hours before Founders announced its Detroit taproom closure, it was sued by a Black employee claiming that the brewery promoted her "purely for optic reasons" and subjected her to "egregious racial harassment" that was "so objectively racially hostile that she had no choice but to resign" last week.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 20, 2023
Please don’t use “fit” to justify an employment decision, no matter what the 4th Circuit just said
"You're not white."
"You're not male."
"You're not Christian enough."
"You're too Brown.
"You're too old."
"You're too disabled."
With this background, consider Lashley v. Spartanburg Methodist College, which involved a teacher suing her former employer after it did not renew her contact because they "were not a good fit for each other." The teacher claimed "good fit" was pretext for retaliation based on her prior request for a disability reasonable accommodation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 2, 2023
Class action lawsuit highlights the risk of AI in hiring and other employment decisions
Yesterday, news broke of a class action lawsuit filed against HRIS provider Workday claiming that its artificial intelligence systems and screening tools disproportionately and discriminatorily disqualify Black, older, and disabled job applicants.
The named plaintiff, Derek Mobley, is a Black man over the age of 40 who suffers from anxiety and depression. He alleges that he applied for 80-100 positions since 2018 that use Workday as a screening tool and has been denied every time despite his qualifications.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 28, 2022
Unlike ordering at Chick-Fil-A, legal compliance isn’t chosen from a menu.
"We are looking for volunteers for our new Drive Thru Express!🚘 Earn 5 free entrees per shift (1 hr) worked. Message us for details"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 1, 2022
If you want to get yourself into discrimination hot water, stereotype your protected-class employees
To cases recently settled by the EEOC illustrate the point that stereotypes of protected-class employees are a quick path an expensive lesson.
- Ranew's Management Company agreed to pay $250,000 to settle a disability discrimination claim after it fired an employee based on a "lack of trust" instead of permitting her to return from a leave of absence resulting from severe depression.
- American Freight Furniture and Mattress agreed to pay $5,000,000 to settle a sex discrimination lawsuit based on allegations that managers made hiring decisions based on bias and stereotypes, including that women would not "do as great a job at selling furniture as men," could not work in the warehouse because "women can’t lift," and that female employees would be " distraction" to their male coworkers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 8, 2022
An employee can’t sue over a job never applied for
Staci Russell, a dean at Cornerstone Health High School, sued her employer for sex discrimination after she was passed over for the open principal position. Her problem? She never applied for the position.
Based on that fact alone, the 6th Circuit had little difficulty affirming the dismissal of her lawsuit.
Russell concedes she did not apply for the vacant principal position. … Russell never applied or interviewed for the position, nor did she indicate interest. While Cornerstone named Price principal of the combined high school on January 24, 2020, after Russell filed her EEOC charge, Russell does not provide evidence showing that Cornerstone’s decision to combine two high schools and name Price principal of the combined school occurred as a result of her filing an EEOC charge. Russell thus did not establish a prima facie case of discriminatory failure to promote.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 3, 2022
Brian Flores burns down the house in his lawsuit against the NFL … and makes himself unemployable in the process
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 3, 2021
The customer isn’t always right, especially when the customer wants you to discriminate
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 13, 2021
The top 11 things you need to know about being sued by an (ex) employee
Because of the impending changes to Ohio's workplace discrimination law that take effect in two days, the filing of employment discrimination lawsuits in my state is seeing record numbers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 1, 2021
No foolin': the most meaningful changes to Ohio's employment discrimination law take effect in two weeks
Two weeks from today, H.B. 352 takes effect and brings the most significant changes to Ohio's workplace discrimination statute since its passage decades ago. What are these changes?
- Creates a universal two-year statute of limitations for all employment discrimination claims.
- Requires individuals to file an administrative charge with the Ohio Civil Rights Commission as a prerequisite to filing a lawsuit.
- Unifies the filing of age discrimination claims to the same procedures and remedies as all other protected classes.
- Eliminates individual statutory liability for managers and supervisors.
- Caps non-economic and punitive damages based on the size of the employer.
- Establishes an affirmative defense to hostile workplace sexual harassment claims not alleging that did not result in an adverse, tangible employment action, when 1) the employer exercised reasonable care to prevent or promptly correct the alleged unlawful discriminatory practice or harassing behavior, and 2) the employee failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid the alleged harm.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 14, 2021
H.B. 352 finally fixes Ohio’s broken employment discrimination statute for employers

The start of 2021, however, provides Ohio businesses much-needed reform of this previously broken law. Earlier this week, Governor DeWine signed House Bill 352 [pdf].
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 11, 2021
“Beware systemic discrimination,” says EEOC to employers

- A "pattern or practice, policy, and/or class cases where the discrimination has a broad impact on an industry, profession, company, or geographic location."
- "Bias that is built into systems, originating in the way work is organized," referring to "structures that shape the work environment or employment prospects differently for different types of workers."
- "Patterns of behavior that develop within organizations that disadvantage certain employees and become harmful to productivity."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 8, 2021
When you discover that you employ a seditious rebel #TraitorsGettingFired
Elizabeth wasn’t ready for the revolution to be televised😂 pic.twitter.com/LibeNAuE6h
— xy467chr (@xy467chr) January 6, 2021
Why is Jake Angeli walking free? If he can be named in this article, and he was part of the insurrectionist movement yesterday, he committed a crime by invading the Capitol and he should be arrested. https://t.co/5hUbek57nc
— Dr. HawaiiDelilah™ (@HawaiiDelilah) January 7, 2021
This is Paul Davis. Paul is a lawyer. He’s also associate general counsel & director of human resources at Goosehead Insurance. Today he stormed the capitol building in an attempt to stage a coup against the US government and documented it (!) on Instagram. @followgoosehead pic.twitter.com/eTkoK92ujL
— Roger Sollenberger (@SollenbergerRC) January 7, 2021
NEW: A Maryland company has terminated one of its employees after he was apparently captured in a picture during the mob riot in the Capitol yesterday. @wbaltv11 pic.twitter.com/flxRhdmP3P
— Tre Ward (@TreWardWBAL) January 7, 2021
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 27, 2020
PLEASE, I’m freaking begging you, DO NOT use social media to determine applicants’ race and gender
Almost as long as social media has existed, employers have searched social media to dig up dirt on prospective employees. There is nothing illegal about these searches … provided you don’t use the information unlawfully. For example, to discriminate on the basis of a protected class.
If Lisa McCarrick, a former Amazon manager, wins her lawsuit against the online retailer, Amazon is going to learn this lesson the hard way.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 21, 2019
“Hairstyle discrimination” laws: a solution in search of a problem
I fully embrace the irony of a local news broadcast holding me out as the expert on hair discrimination. 👨🏻🦲
Irony notwithstanding, here I am on last night’s 6 o’clock news discussing why we don’t need to ban workplace hairstyle discrimination. (Big thank you to WEWS’s Mike Brookbank for reaching out and for the interview.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 19, 2019
It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally

- 42% of U.S. employees say they have personally experienced political disagreements at work
- 44% say they have witnessed political disagreements at work
- 34% believe that their workplace is not inclusive of differing political perspectives
- 12% report they have personally experienced political affiliation bias or discrimination based on their political views
- 56% state that political discussions at work have become more common over the past four years
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 3, 2019
If at first you don’t succeed … Ohio will again try to fix its broken employment discrimination law
For lack of more artful description, Ohio’s employment discrimination law is an awful mess.
Among other problems, it exposes employers to claims for six(!) years; contains no less than four different ways for employees to file age discrimination claims (each with different remedies and filing deadlines); renders managers and supervisors personally liable for statutory discrimination; omits any filing prerequisites with the state’s civil rights agency; and contains no affirmative defenses for an employer’s good faith efforts to stop workplace harassment.
There have been several prior attempts to fix this law and harmonize it with its federal counterparts. All have died on the legislative vine.
Welcome House Bill 352 [pdf], introduced on October 1. It’s yet another business-friendly attempt at comprehensive reform of Ohio’s employment discrimination statute.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 26, 2019
6th Circuit holds that an employee cannot contractually shorten Title VII’s statute of limitations
In Thurman v. Daimler Chrysler, the 6th Circuit agreed that the following agreement between an employer and an employee shortening the time in which an employee has to file a lawsuit was lawful.
READ CAREFULLY BEFORE SIGNING I agree that any claim or lawsuit relating to my service with Chrysler Corporation or any of its subsidiaries must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. I waive any statute of limitations to the contrary.
I’ve long argued that because of Thurman, employers should consider having all employees agree to a shortened statute of limitations to limit the duration of their potential exposure to employment claims. Yesterday, however, the same court punched big hole in this litigation avoidance strategy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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