Tuesday, May 20, 2025

Federal court guts EEOC guidance on trans rights


Federal court to SCOTUS: "We read your opinion, but we're going to pretend you didn't mean what you said."

That's essentially what just happened in Texas v. EEOC.

A federal judge struck down part of the EEOC's 2024 harassment guidance, ruling that Title VII does not protect transgender workers from being misgendered, denied access to bathrooms aligned with their gender identity, or required to dress according to their sex assigned at birth.

Friday, May 16, 2025

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!



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



Thursday, May 15, 2025

Managing employees' food allergies and preferences in the workplace


One employee is vegan. Another is allergic to shellfish. Another is lactose intolerant. Another has Celiac disease and can't eat gluten. And yet another is kosher. You're hosting a company lunch. What do you have to accommodate, and what should you accommodate?

Let's start with the law:

The Stanley Cup of social media screwups


"Eat s--- 51st state anti-semite loser. Israel now and forever. Until every last Hamas rat is eliminated."

That's what Doug Cifu, vice chairman and minority owner of the Florida Panthers, posted to X in a heated exchanged with a fan of the Toronto Maple Leafs (the Panthers' current playoff opponent).

It's also what just earned Cifu an indefinite suspension from the NHL—for conduct detrimental to common sense. The NHL called Cifu's posts "unacceptable and inappropriate." That's legalese for, "What were you thinking?!"

Tuesday, May 13, 2025

Faith, fetus photos, fired: How Title VII grounded a Southwest termination


"This is what you supported during your Paid Leave with others at the Women's MARCH in DC… You truly are Despicable in so many ways."

That's one of several messages Charlene Carter, a Southwest Airlines flight attendant, sent to her union president—this one accompanied by a graphic photo of an aborted fetus.

Southwest fired Carter for violating its Workplace Bullying and Hazing Policy and Social Media Policy. Carter sued, claiming religious discrimination—that she sent those messages because the union's support of "women’s rights" conflicted with her religious beliefs about abortion.

Friday, May 9, 2025

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.



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



Wednesday, May 7, 2025

Your trade secrets just walked out the front door … and you might have held it open: Generative AI and trade secrets


No employee—except the rare bad actor—means to leak sensitive company data. But it happens, especially when people are using generative AI tools like ChatGPT to “polish a proposal,” “summarize a contract,” or “write code faster.” But here’s the problem: unless you’re using ChatGPT Team or Enterprise, it doesn’t treat your data as confidential.

According to OpenAIs own Terms of Use: “We do not use Content that you provide to or receive from our API to develop or improve our Services.”

But don’t forget to read the fine print: that protection does not apply unless you’re on a business plan. For regular users, ChatGPT can use your prompts, including anything you type or upload, to train its large language models.

Corporate ethics start at the top


Kohl’s just gave its CEO the boot for violating the company’s code of ethics.

Why? Because he funneled business to a vendor run by someone he was romantically involved with—and failed to disclose the relationship. The deal came with unusually favorable terms, including a multi-million-dollar consulting agreement. The board found out, and now he’s out of a job. He’ll also forfeit his equity awards and repay a prorated portion of his $2.5 million signing bonus.

But this isn’t just about one executive’s bad judgment. It’s a cautionary tale about what happens when leaders forget that trust, transparency, and ethics aren’t optional. If you’re running a business, you can’t afford to wing it on conflicts of interest. You need structure. You need clarity. And you need a culture that doesn’t look the other way.

Monday, May 5, 2025

Don’t eat the chicken (yet): A lesson in workplace investigations from a Portuguese rooster


In Portugal, one of the most iconic national symbols isn’t a monument or a monarch—it’s a rooster. The Galo de Barcelos. (Stay with me. This will relate back to the workplace before we’re done.)

Legend has it that a Spanish pilgrim on his way to Santiago de Compostela was wrongfully accused of theft in the town of Barcelos. Despite his pleas of innocence, he was sentenced to hang. As a final request, he asked to be taken to the judge. Brought before the judge—who was eating a roast chicken—the pilgrim declared, “If I am innocent, that rooster will crow!” The judge laughed, but didn’t eat the bird. Miraculously, just as the man was about to be hanged, the roasted rooster stood up and crowed. The judge rushed to stop the execution, and the pilgrim was spared.

Because of this tale, the rooster has become a national symbol of honesty, integrity, justice, and good fortune, often seen in colorful ceramic form all across Portugal.

Saturday, May 3, 2025

What do dolls have in common with beer?


“Maybe the children will have two dolls instead of 30.”

That was Donald Trump’s response yesterday when asked about the impact of tariffs on imported consumer goods.

Charming.

But here’s the thing—those tariffs aren’t just about dolls. They hit a lot closer to home for small businesses, like the craft breweries I work with.

I spent the past four days at the national Craft Brewers Conference, and tariffs weighed heavily on every single attendee.

The 4th nominee for The Worst Employer of 2025 is … The Enslaving Executives


OneTaste, a San Francisco-based "wellness" company, claimed to offer empowerment through "orgasmic meditation." However, federal prosecutors allege that behind this façade, founder Nicole Daedone and former Head of Sales Rachel Cherwitz orchestrated a years-long forced labor conspiracy.

Between 2004 and 2018, Daedone and Cherwitz allegedly targeted vulnerable individuals—often survivors of trauma—and lured them with promises of healing. If they couldn’t afford OneTaste's expensive courses (ranging into the tens of thousands), they were pressured into debt—with the company even helping them open credit cards. Members became reliant on OneTaste for food and shelter, lived under constant surveillance in communal homes, and were isolated from their support networks.

The indictment accuses Daedone and Cherwitz of using surveillance, indoctrination, and intimidation to control members, effectively turning a wellness startup into an enslavement operation.

Monday, April 28, 2025

Heading to CBC? Let’s connect! 🍻


I’m in Indianapolis this week for the Craft Brewers Conference — the biggest global education and networking event for the craft beer industry.

It’s a massive scene: 10,000+ attendees, 600+ exhibitors, 100+ seminars, and countless networking moments. It’s a blast — and a lot to take in.

If you’re here, find me at the Start A Brewery Lounge (proudly sponsored by Wickens Herzer Panza).

Friday, April 25, 2025

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.


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


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

Thursday, April 24, 2025

Holy hypocrisy: When "religious freedom" only protects one religion


"My Administration will not tolerate … unlawful conduct targeting Christians.…My Administration will ensure that any unlawful and improper conduct, policies, or practices that target Christians are identified, terminated, and rectified."

That's the key takeaway from Trump's Executive Order on Eradicating Anti-Christian Bias.

What does that look like in practice? According to Politico, the State Department has ordered employees "to report on any instances of coworkers displaying 'anti-Christian bias.'" The internal memo allows (but doesn't require) anonymous reporting and encourages submissions to be "as detailed as possible, including names, dates, [and] locations (e.g., post or domestic office where the incident occurred)."

Tuesday, April 22, 2025

Understanding the difference between legal and illegal DEI


If you want to understand the difference between legal and illegal DEI, here's what illegal looks like.

From The Hollywood Reporter: "CBS Studios has settled a lawsuit from a script coordinator for SEAL Team, who accused parent company Paramount of carrying illegal diversity quotas that discriminate against straight white men."

In the lawsuit, Brian Beneker alleged he was denied a job after Paramount implemented an "illegal policy of race and sex balancing" that prioritized hiring less qualified applicants who identified as minorities, LGBTQ+, or women.

Here's the legal reality — Quotas and preferences based on protected characteristics are unlawful. Title VII requires that employers hire the most qualified person for the job, regardless of race, sex, or any other protected trait.

But what if you want to improve representation of marginalized groups in your workplace, and do it legally?

Friday, April 18, 2025

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.


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

Thursday, April 17, 2025

If you wanted to know what a Constitutional Crisis looks like…


What happens when the Attorney General refuses to follow a Supreme Court order? We are about to find out.

Last week, the Supreme Court unanimously ordered the federal government to facilitate the return of Kilmar Abrego Garcia to the U.S. from his deportation to an El Salvador torture prison. The decision was clear: the deportation was illegal, and the government was required to undo it.

Yet, Attorney General Pam Bondi is refusing to comply. She has made no efforts to return Mr. Abrego Garcia, despite a binding court order. "He is not coming back to our country," according to Bondi.

That is not how the rule of law works.

Wednesday, April 16, 2025

Heel turn? How a dress code became an ADA problem.


This case started with a pair of Skechers, and will end with a jury trial.

A cocktail server at MGM National Harbor, Rebecca Lopez-Duprey, suffered from foot conditions—Achilles tendonitis and Equinus deformity—that made wearing heels painful and medically inadvisable. Her doctor recommended she wear flat, supportive shoes. Eventually, MGM granted her an ADA accommodation to do just that.

Lopez-Duprey wore Skechers-style black shoes for over two years without issue. Then came a policy change.

In late 2021, MGM issued a memo updating the dress code and specifying which shoes were allowed, even for employees with ADA accommodations. Skechers weren't on the approved list. The company disciplined Lopez-Duprey multiple times, including once for showing up to work in her doctor-recommended sneaker. She protested internally, and her doctor even submitted another note, this time stating she needed those shoes permanently.

MGM terminated her shortly thereafter for violating its appearance standards.

Lopez-Duprey sued for failure to accommodate under the ADA. 

Tuesday, April 15, 2025

Damage caps for discrimination claims don't work


$75,000. That’s what Morton Salt just paid to settle a lawsuit brought by the EEOC.

The agency alleged that Morton Salt discriminated against a Black employee because of his race and disability—and then retaliated against him for reporting it.

The allegations are disturbing:

• A white coworker allegedly used the n-word repeatedly, including calling employees "worthless [n-words]"—something Morton knew about.

• A Black employee reported the racist behavior.

• Instead of addressing or investigating the harassment, Morton reprimanded and ultimately fired the person who spoke up.


And what did it cost them? Seventy-five grand.

Friday, April 11, 2025

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."


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