Hiring a waitress? Hire a server instead.
"WE'RE HIRING HOSTESSES!" It's also a problem. It's illegal to state a preference in a job ad that expresses a prefere...
Topic: discrimination
Why a "BS" email that didn't sink an employer
By Jon Hyman
"We need to terminate her." That's what the Director of Operations at Thomas-Grace Construction wrote the day after an employe...
"Can I bring my dog to work?" Emotional support animals and the ADA
By Jon Hyman
A firefighter with PTSD asks to bring his dog to work as a reasonable accommodation. The dog helps calm him. His psychologist supports the r...
Bostock does not come with an asterisk
By Jon Hyman
Bostock says what it says. LGBTQ+ discrimination is sex discrimination under Title VII. Period. A federal judge in Atlanta, however, just re...
Man City's 35 counts, and why the cover-up is always worse than the crime
By Jon Hyman
There are 35 things your workplace does not want to have in common with the Premier League's investigation of Manchester City. That'...
Can HR listen in on an employee's doctor's appointment?
By Jon Hyman
An employee on short-term disability is ready to come back. HR tells them they need a release from the doctor who took them off work. Fair e...
Reprehensible conduct, forgettable price tag
By Jon Hyman
"What may be awesome punishment for an impecunious individual defendant may be wholly insufficient to influence the behavior of a prosp...
The EEOC has lost the plot
By Jon Hyman
The EEOC has lost right to claim that it's for "equal employment opportunity." The Equal Employment Opportunity Commission exi...
Why employers shouldn't mine employees' social media accounts
By Jon Hyman
A federal judge just told Southwest Airlines what it can't look at on Facebook. The court entered a permanent injunction barring Southwe...
This is why DEI matters
By Jon Hyman
"Do not touch my new driver." That's the tagline from a misogynistic ad that Good Good Golf and Callaway Golf posted — and the...
When 'performance problems' are actually a disability
By Jon Hyman
Brian Lee says his employer relabeled his ADHD symptoms as "performance deficiencies" and terminated him a result. The employer, R...
Feeling discriminated against is not the same as being discriminated against
By Jon Hyman
An employee believes her boss treats her differently because of her race. She thinks she was intentionally excluded from a company photo bec...
1 racial slur + 2 disciplinary actions = 0 Title-VII liability.
By Jon Hyman
The EEOC swung for the fences in a hostile work environment case against Sun Chemical Corp. It argued that the company should be liable not...
Temporary accommodations don't rewrite the job description
By Jon Hyman
One of the more persistent myths in ADA litigation that if an employer temporarily accommodates an employee in a certain way, it has forever...
The workplace is not a pulpit
By Jon Hyman
When employees come to work, they should never have to wonder whether the next email from the boss will contain a work assignment or a sermo...
Winning a disability discrimination claim doesn't necessarily win an ADA lawsuit
By Jon Hyman
Winning a disability discrimination claim doesn't necessarily win an ADA lawsuit. The 2nd Circuit's recent decision in Cangro v. Dep...
The ADA is a two-way street
By Jon Hyman
Once an employee requests an ADA accommodation, the employer has to give them exactly what they ask for… is NOT the law . In fact, it's...
The EEOC's Nike DEI investigation shows the difference between politics and Title VII
By Jon Hyman
How employers pursue diversity, equity, and inclusion matters far more than whether they pursue it. The EEOC's recent pursuit of Nike il...
A disability is not a license to harass
By Jon Hyman
Federal disability discrimination laws exist to ensure that people with disabilities are judged on their abilities—not their diagnoses. They...
"Boys will be boys" is not a harassment defense
By Jon Hyman
The facts in Sharpe-Miller v. Walmart read less like a judicial opinion and more like an HR nightmare. An assistant store manager allegedly...