WIRTW #762: the 'cheers' edition

🚨 BREAKING: The death of craft beer has been greatly exaggerated.

According to a new 2024 economic impact study from the Ohio Craft Brewers Association, my state's craft brewing industry is very much alive and pouring.

📊 Consider this:

• $1.29 billion in economic output (up from $1.22 billion in 2022).
• 12,255 jobs supporting 8,095 households (up from around 11,500 jobs in 2022).
• $427.3 million in labor income created.
• Nearly $230 million paid in state and federal taxes (identical to 2022).
• 46 new breweries opened in 2024—with 53 more already in planning (bringing Ohio’s total to 442, up from 420 in 2022, 357 in 2020, and 300 in 2018).

That's not a dying industry. That's a growth industry.

But let's not sugarcoat it: challenges remain. Younger generations are drinking less beer. Tastes are shifting toward spirits, RTDs, non-alcoholic options, and cannabis. And tariffs on brewing equipment and ingredients continue to threaten and squeeze margins. It's not easy out there—but Ohio's brewers are adapting, evolving, and still finding ways to grow.

Moreover, this isn't just about pints. Ohio breweries are revitalizing neighborhoods, anchoring downtowns, hosting community events, and donating millions to charity.

So the next time someone says "craft beer is over," raise a pint and say: Not in Ohio.

🍻 Cheers to great beer and better data.

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

WIRTW #761: the 'boss' edition

For over 50 years, Bruce Springsteen has been the voice of working people, dreamers, outcasts, and truth-tellers. His songs tell the story of real America—the kind with grit, heartbreak, hope, and heart.

And he's never been afraid to speak out—against injustice, against corruption, and yes, against authoritarian wannabes who mistake cruelty for strength.

So it's no surprise that Donald Trump has launched a full-on war against The Boss. He's called him a "radical left loser," a "dried up prune," and a "dumb rock star."

Cool. Because if Bruce is everything Trump hates, then maybe Bruce represents everything America should be.

June 14 is Donald Trump's birthday.
Let's take it back.

Let's turn it into something worth celebrating—not a day about narcissism and lies, but a day about music, truth, resistance, and unity.

We’re calling on Congress to declare June 14 as National Bruce Springsteen Day.

• A day to crank the volume.
• A day to remember the power of protest and poetry.
• A day to honor a man who’s never stopped fighting for the soul of this country.

Because you can't start a fire without a spark.
And Bruce Springsteen's been sparking the American spirit since 1973.

Sign the petition. Share it loud.
Let's reclaim the day—and remind the world who really represents the heart of America.

Let's make June 14 National Bruce Springsteen Day.
Because America deserves better than a birthday party for Trump.

Click here to sign the petition.

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

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WIRTW #760: the 'sportswashing' edition

What do you know about "sportswashing"? If you're like me, it's very little. That is, until I asked ChatGPT.

Sportswashing is a practice by which governments use sports to improve or launder a tarnished reputation. I needed to education myself on this topic fairly quickly so that I could read my son's 10th grade history research paper with a base of knowledge upon which to critique it.

So, I activated ChatGPT's deep research tool in its new 4.1 model and asked the following: "Can you draft a detailed and persuasive memo on sportswashing in global football."

ChatGPT responded with some follow-up questions:

1. Who is the intended audience? (e.g., general public, a school project, a policy maker, a sports organization)
2. Do you want the memo to focus on specific countries or cases, like Russia 2018, Qatar 2022, or Trump's involvement in 2026?
3. Should the memo include proposed actions or solutions, or just explain the issue?
4. How long or in-depth would you like the memo to be?

I answered: University-level research paper; No; Propose solutions; 10 pages, double-spaced. And off it went. 15 minutes later, I had my results—a well-researched and detailed memo on the issue—which can download and read here.

This experience highlights both the powerful advantages of using generative AI tools like ChatGPT for legal and professional research. Still, I'd be remiss if I didn't point out their inherent risks.

On one hand, ChatGPT's speed, breadth of knowledge, and ability to produce clear, structured analysis can dramatically enhance efficiency—delivering well-informed content in minutes that might otherwise take hours, days, or even weeks. This democratizes access to complex topics and supports professionals in making faster, more informed decisions.

On the other hand, reliance on AI-generated content without critical review can be risky. ChatGPT, while capable, is not infallible and may present information that lacks nuance, context, or up-to-date accuracy.

For legal professionals in particular—where precision, source validation, and ethical responsibility are paramount—AI should be treated as a powerful assistant, not as a substitute for human expertise and judgment. Used thoughtfully, it can be an important tool; used carelessly, it may lead to oversights or misinformed conclusions. Blind reliance without verification is reckless and irresponsible. Nevertheless, I remain impressed by the work product that ChatGPT can produce, and can't wait to see how it continues to develop, evolve, and improve.

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

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WIRTW #759: the 'HBD' edition

🎉 My blog is officially an adult. Last week, it turned 18 years old.

On May 9, 2007, I hit "publish" on my very first post. It was about a Supreme Court retaliation case, because of course it was. It's fascinating to see how my tone and style have matured (or, perhaps more accurately, immatured) over the years.

Fast forward to today: 4,470 posts later, and this blog is somehow still going strong. That's:
✅ Millions of words on employment law
✅ Hundreds of stories about HR disasters

✅ 759 "What I Read This Week" lists
✅ Dozens of "Worst Employer" nominees
✅ Too many musical references no one asked for

When I started, blogs were cutting edge. LinkedIn barely existed. Twitter was a baby. AI was still science fiction. And I honestly didn't know if anyone other than my dad would read this thing. (He still does.)

Eighteen years in, the blog has given me a platform, a voice, and a way to connect with readers, clients, reporters, and colleagues around the world. It's also brought me lasting friendships and provided a much-needed creative escape from the daily grind of practicing law.

Thanks to everyone who's read, shared, commented, or said, "Hey, I actually like reading legal content." You’ve kept me writing—day after day, week after week, year after year.

Here's to the next 18!

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

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WIRTW #758: the 'craft' edition

Ohio showed up and showed out at last week's World Beer Cup in Indianapolis. 

The World Beer Cup — the most prestigious beer competition in the world—is dubbed "the Olympics of beer." Organized by the Brewers Association, the now annual event has been held since 1996 in conjunction with the Craft Brewers Conference. 

This year's competition drew 8,375 entries from 1,761 breweries and cideries representing 49 countries. Medals—Gold, Silver, and Bronze—were awarded across 117 categories.

Ohio breweries earned a total of 11 medals, including three for local favorite Fat Head's: two Golds and a Silver. Impressively, Fat Head's has medaled at every World Beer Cup since 2012—a streak that, according to my research, no other brewery in the world has matched.

You can watch the 2025 awards ceremony here and view the full list of winners here. Next year’s World Beer Cup will be held on April 23 in Philadelphia.

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

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WIRTW #757: the 'that's how I'm feeling' edition

For a glorious 90 minutes last Wednesday night, my kids and I forgot all of our worries and bonded with 2,000 like-minded souls over the music of Mr. Jack White.I love the music of Jack White. I fell in love with a band at Cleveland's Beachland Ballroom on August 10, 2001. The White Stripes were playing that night. I didn't know much about them before that concert. I had heard about some up and coming band, brother/sister (maybe) duo. I went to the Beachland to check them out. I was hooked by the opening chord from Jack's guitar and enraptured by the end of their set. I couldn't find any video online from that show, but I did find a complete recording of a show they did in London just four days earlier.

I've since passed that love on to my children, which brought us front and center at Cleveland's Agora last Wednesday night. You can hear all about it on this week's installment of The Norah and Dad Show (with special guest, Donovan) — available on Apple Podcasts, Spotify, Amazon Music, YouTube, Overcast, your web browser, and everywhere else you get your podcasts.

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While you're checking out things I recorded this week, also check out my appearance on Backstage Pass: The HR Rock Star Podcast.

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

WIRTW #756: the 'iii' edition

You can tell from the tone and tenor of my recent posts that the current state of my country, politics, and democracy has me concerned and scared. Which is why last night was so, so good for my soul.

If you are a fan of rock 'n' roll and have the chance to see Jack White live, just do it. Hard stop. It was an amazing night from start to finish. More next week, as it will be the focus of the next episode of The Norah and Dad Show.

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

WIRTW #755: the 'seuss' edition

ChatGPT continues to amaze me with what it can do. Last week, I asked it to write a parody of "Green Eggs & Ham" about tariffs. You can read that story — called This Tariff Sham — over on LinkedIn.

This week, I decided to take it a step further: "Can you write a story in the style of Dr. Seuss's 'The Cat in the Hat' about the rise of authoritarianism in the United States and the increasing threat to the rule of law posed by the current Trump administration?" Then, I asked it to illustrate the results in a complete children's book. The results? Simply stunning. Read the story below, or download the fully illustrated book here.

* * *

The Man in the Red Tie
A Cautionary Tale in the Style of Dr. Seuss

The sun wasn't sunny. The news made us frown.
The Rule of Law seemed to be sliding down.

We sat in our house. We felt anxious and stuck.
We read every tweet and just whispered, "Oh… yuck."

Then THUMP!
Something boomed like a cannonball blast.
We turned to the screen — and he strode in fast.

He wore a red tie, too long and too wide,
With a smirk on his face and a puffed-out pride.

"I am the Man!" he said with a grin.
"I'll make us all great by just keeping me in!"

He stomped and he shouted, he pouted and screamed.
He flattered the rich and he schemed while they beamed.

He scolded the courts, he mocked every norm,
He said, "I alone will reform the reform!"

He fired the watchdogs who'd barked at his lies.
He said, "Loyal dogs are the very best guys."

He told folks in uniforms, "Do what you must.
If I tell you it's legal, then you know it’s just."

He roared at the press and he called them "fake."
He branded all truth as a liberal mistake.

He built up a wall, not just out of brick—
But out of division, and anger, and schtick.

He courted the chaos, the proud and the cruel.
He said, "I don't care — I make the rule!"

And some folks just cheered, "He tells it like so!"
(Though what "so" was… they weren't sure they'd know.)

But the skies grew darker, the air full of dread,
As the books stayed closed and the laws grew dead.

Then came the Day — the one we all feared.
The vote loomed large, and the stakes had cleared.

Would the people still matter? Would ballots be true?
Would justice be blind, or just red, white, and blue?

Then YOU stood up tall — yes, you, in that chair!
You said, "This is still our Republic to care!"

"The law is not his — it belongs to us all.
It's strong when we stand, and weak when we fall."

You voted. You marched. You wrote and you spoke.
You called out each lie. You challenged each joke.

And maybe, just maybe, the tide turned again—
The Rule of Law held, with paper and pen.

Now kids, let me tell you — remember this day.
Democracy isn't just kept safe by what we say.

It's guarded by people who act when things tilt,
Who patch up the cracks before freedoms wilt.

So the next time a man comes to town with a grin,
And says, "I alone can make your side win,"—

Say, "Thanks, but no thanks. We've read this old plot.
We're the People. We matter. Like it or not."

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

WIRTW #754: the 'due process' edition

"If you violated the law, you are not entitled to due process."
– Rep. Victoria Spartz, March 2024

Let that sink in. An elected official—sworn to uphold the Constitution—said that people who allegedly violated the law are not entitled to due process.

That's not just legally wrong. It's dangerous.

Due process is the mechanism by which we determine whether someone did violate the law. It's not a prize we give afterward. It's the protection we guarantee beforehand. That's literally the point.

We don't just arrest people and skip the trial part. At least, we're not supposed to.

But we're increasingly seeing a frightening trend of "disappearing" people:

⮞ Immigrants detained indefinitely without hearings, or worse, sent to awful prisons overseas never to be heard from again.
⮞ Protesters and students punished based on accusations, not findings.
⮞ Politicians demanding instant penalties before any legal process unfolds.

That's not how this works. That’s not how any of this works.

We can't cherry-pick the Constitution based on who we like or what someone's accused of doing. Once we start deciding who "deserves" due process, we're no longer a nation of laws—we're an authoritarian regime of vibes and vengeance.

Due process is what makes our system fair. It's what makes us America. If that's controversial, we've got problems bigger than politics.

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

WIRTW #753: the 'autocracy' edition

"Politics don't belong on LinkedIn."

I've been seeing that sentiment a lot lately in the comments on my posts about what's happening to our country.

And I get it. Politics for the sake of politics probably belongs on other platforms. But in today's interconnected world, the lines between politics, society, and business are more blurred than ever. This isn't politics for the sake of politics. This is about defending the democratic foundations that underpin a functioning society—one in which businesses can operate with stability, the rule of law is respected, and lawyers and law firms can serve clients within a system that values justice, accountability, and fairness.

Take, for example, the latest report from the Varieties of Democracy (V-Dem) project, which concludes that the U.S. is on the verge of losing its status as a democracy. If current trends continue, we could soon find ourselves grouped with countries like Hungary, India, and Turkey—nations that still technically hold elections, but where the outcomes are about as surprising as the ending of a Hallmark Christmas movie.

For those unfamiliar, V-Dem is one of the leading global democracy trackers. It measures things like election integrity, press freedom, and judicial independence. Their latest report places the U.S. firmly in the "trending poorly" category. We're sliding away from being a true democracy and rapidly approaching what experts call "electoral autocracy"—a polite way of saying the system still exists, but it's rigged enough that those in power don't have to worry too much about losing.

According to V-Dem, we're already deep into democratic decline. Trump has expanded presidential power by pardoning Capitol rioters and installing loyalists in key positions, undermined democratic institutions by targeting independent agencies and the press, and aligned with autocratic tendencies by distancing us from our traditional allies and global democratic norms.

If we don't pull the emergency brake soon (as in, within the next six months), we may end up looking back on this moment the way people felt watching the final episode of Game of Thrones—realizing too late that the good days were already behind us.

This isn't a left vs. right issue. It's not about partisanship. And it's not about politics. It's about democracy.

And for professionals on a platform like LinkedIn, these conversations aren't just acceptable, they're essential. The health of our democracy directly affects my business—lawyering. As a lawyer who works within—and deeply values—the rule of law, these issues are not abstract. They impact my business, my clients, and the systems on which I rely every day.

That's why I write about them. And it's why I'll keep doing it no matter how many people slide into my comments to tell me, "Politics don't belong on LinkedIn."

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

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.

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

WIRTW #751: the 'losing' edition

"The Government's arguments … threaten to upend fundamental protections in our Constitution. But ours is not an autocracy; it is a system of checks and balances. Our Founders recognized that the concentration of power in one branch of government would spell disaster."

So wrote Judge Sparkle L. Sooknanan of the United States District Court for the District of Columbia, in her order granting summary judgment in favor of Susan Tsui Grundmann and restoring her to her position as one of the three members of the Federal Labor Relations Authority. On February 10, 2025, President Trump had abruptly terminated her without explanation, notice, or a hearing, and termination which Judge Sooknanan concluded was unlawful and in violation of the FLRA's enabling statute.

If you want to follow the status of all of the lawsuits currently pending against Donald Trump and his administration, check out Just Security's Litigation Tracker. If you're keeping track at home, As of yesterday, 119 lawsuits (and counting) have been filed against the current Trump administration challenging its actions. Trump has lost most thus far.

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

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.

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

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 Villain.

Here's the summary:

As corporate America grapples with new federal scrutiny of diversity initiatives, we're bringing together thought leaders to unpack the controversy and challenge assumptions. Host Lindsey T. H. Jackson leads an expert panel exploring DEI's true purpose beyond the headlines, the roots of current pushback, and practical strategies for building legally-sound, inclusive workplaces in this new landscape. 

Join me, along with host Lindsey T. H. Jackson, Kim "Kimfer" Flanery-Rye, MBA , and Justice Horn for this important conversation.

Register here.

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Also, please check out the most recent episode of The Norah and Dad Show. Noah and I not only tackle Valentine's Day, but also bad science pick-up lines, Chick-fil-A Daddy/Daughter dates, and robotic toilets. It all fits together; I promise. 

You'll find the episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts. 

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

WIRTW #748: the 'tracking' edition

"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 not going to read it. This was a group of people that got together, they came up with some ideas. I guess some good, some bad. But it makes no difference."
— Donald J. Trump, 9/10/24, Presidential Debate

"They've been told officially, legally, in every way, that we have nothing to do with Project 25."
— Donald J. Trump, 8/22/24, Arizona-Mexico border

Liar, liar, pants on fire!

Take a look at the Project 2025 Tracker and tell me: Given the striking alignment between Trump's Executive Orders and the 900-page policy playbook he repeatedly disavowed during the campaign, is he governing straight from that right-wing, authoritarian, Christian Nationalist manifesto?

Because it sure looks like it.

Or, to borrow from another Trump favorite: "Believe me."

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

WIRTW #747: the 'tariffs' edition

The Trump administration just announced new tariffs on aluminum and steel. That might not sound like a big deal to most, but for small businesses—including my beloved craft breweries—25% is a gut punch.

The craft beer industry is already struggling post-Covid. Breweries took on debt to survive the shutdowns, taproom traffic isn't what it used to be as many consumers shy away from alcohol, and supply-chain costs have been unpredictable and high. Now, just as many are trying to regain their footing, they get hit with another hurdle.

Most craft breweries package their beer in aluminum cans. If the cost of aluminum goes up because of tariffs, so does the cost of packaging. And it's not just cans, brewing equipment is made of steel. Fermenters, brite tanks, brewhouses, kegs, construction materials—all of it. So, breweries that want to replace aging equipment, expand, or just keep up with demand are looking at higher costs across the board.

And let's be clear: These costs don't just disappear. Breweries will have to pass them down to consumers. That means your favorite local beer is about to get more expensive. Meanwhile, the biggest players—macro-breweries with deep pockets—can absorb these price increases far more easily than your neighborhood local. This isn't just an economic issue; it's a competition killer.

Tariffs like these don't "protect American businesses." They protect big business at the expense of the little guys who drive innovation, create jobs, and bring character to our communities. If we want to support small businesses, we should be fighting against policies that make it harder for them to compete.

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

WIRTW #746: the 'fly, eagles fly' edition

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! 

Here's the official Ohio Employer Law Blog prediction for Sunday. Eagles 31 - Chiefs 27. Book it. Hurts, Barkley, et al., deny Reid, Mahomes, and Kelce their threepeat. Saquon runs for 165 and 2 touchdowns. Hurts throws for 200 and touchdown, and tush pushes his way for another. Brandon Graham returns from injury to score a key sack. And rookie phenom Quinyon Mitchell seals the win with a last minute interception. At least that's my dream scenario (other than a stress-free blowout).

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Also, please check out the latest episode of The Norah and Dad Show. Norah and I discuss her 2nd semester of college, her classes, and her recent biliteracy certification. We also discuss our recent naming to the list of the best dad and daughter podcasts. 

You'll find the episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts. 

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

WIRTW #745: the 'biliterate' edition

Until this week, I thought being bilingual meant fluency in a second language—the ability to read, write, listen, and speak with ease. I was wrong. Someone who can do all of those things in two languages is actually biliterate. Being bilingual, on the other hand, simply means having the ability to speak in two languages.

I learned this distinction when the Ohio Wesleyan University Department of World Languages and Cultures certified my daughter as biliterate in French.

From the school's press release:

"Ohio Wesleyan University language students are now able to earn the Global Seal of Biliteracy, an internationally recognized micro-credential that enables them to verify their linguistic abilities when applying for jobs or graduate school. The university's Department of World Languages and Cultures began utilizing the third-party assessment this fall, with 19 students earning the 'functional fluency' biliteracy seal at the end of the semester. Andrea Colvin, Ph.D., chair of World Languages and Cultures, said students' earning the Global Seal of Biliteracy is 'a testament to their hard work, dedication, and passion for language learning.'"

Norah was one of eight students credentialed as biliterate in French. I don't know how many of those eight were also first-semester freshmen, but to be fair, she had 13 years of French education before starting college. All American schools should begin foreign language instruction in kindergarten—it's one of the greatest shortcomings of our education system.

Félicitations, Norah! Needless to say, I'm a very proud dad.

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

WIRTW #744: the 'London Calling … the podcast' edition

In the latest episode of The Norah and Dad Show, we recap our family Christmas holiday to London. Here are links to everything we mention in the episode. 

• Hux Hotel
• Peter Pan Cup
• The Beatles Magical Mystery Walking Tour
• Third Man Records
• Arsenal Tickets
• Afternoon Tea at the Goring
• Atticus Blue (Leicester Square busker)
  
• Hawksmoor Seven Dials
• The Original Ted Lasso Tour
• Reale Camiceria (the "unofficial" Ted Lasso store)
• The Prince's Head Pub
• Camden Market 
  

You'll find the episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts. 

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

WIRTW #743: the 'snowball at Santa' edition

If your employee is caught in a viral video calling an opposing fan the "c-word" at a football game, should he lose his job? Does it make a difference if your company is in the business of DEI consulting?

This story just played out following the Eagles playoff win over the Packers last weekend.

Ryan Caldwell, an employee at BCT Partners—a firm specializing in DEI—was captured on video during the game directing the vulgar and misogynistic insults toward a female Packers fan. The video quickly went viral to the tune of more than 31 million views. The public backlash was significant and swift.

The Eagles organization responded by banning Caldwell from their stadium for life. BCT Partners conducted an internal investigation and terminated Caldwell's employment, stating that his behavior was "vile, disgusting, unacceptable, and horrific," and stood in direct opposition to the company's core values of respect, dignity, and inclusion. Caldwell then issued a public apology, but added that the video "does not reflect the full context of what transpired," and that his actions "were not without provocation."

This incident serves as a stark reminder of the importance of aligning employees' behavior with a company's values, both on and off the clock. By proactively addressing these issues in real time, employers can mitigate risks, uphold their reputations, and foster a positive workplace culture that reflects their mission and values.

Three more points to make:

1. This is not a free speech issue. Private-sector employees have zero free speech rights in the workplace in this context. Regardless, freedom of speech does not equal freedom from consequences.

2. It is irrelevant whether this employee works for a DEI firm or any other company. His behavior was abhorrent, could damage the company's reputation, and is grounds for termination. The identity of his employer is just the ironic icing on the cake.

3. The employee's apology rings quite hollow. I don't care about the "context" of what happened or how he was "provoked." If you respond to provocation by calling a woman that awful word, that's who you are, period. And I certainly don't want you working for me.

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