EEOC sues on behalf of harassed Catholic employee
Religion a funny thing. Throughout the history of mankind it's fueled so much hate, war, and death. And yet, it brings so much peace, co...
WIRTW #519 (the “R-I-P-R-E-S-P-E-C-T” edition)
By Jon Hyman
While I've always loved Aretha's music, and her voice, and her soul, I never appreciated until watching yesterday's tribut...
Can you lawfully fire an employee who writes "whore board" to protest a new overtime rule?
By Jon Hyman
In Constellium Rolled Products Ravenswood, LLC , the NLRB held that an employer unlawfully fired an employee who wrote "whore board...
Are "digital addiction" claims about to invade your workplace?
By Jon Hyman
There is no doubt that addiction is a protected disability under the ADA (and Ohio's parallel law ). Typically, we think of addiction...
Ohio's new cybersecurity safe harbor for businesses means the time for cybersecurity compliance is NOW
By Jon Hyman
Do you know that the average total cost of a data breach to a business is $3.86 million? This is a 6.4% increase over the past year. For...
Protecting your business from an "Omarosa": workplace recordings and the law
By Jon Hyman
Omarosa Manigault-Newman, formerly a contestant on Donald Trump's The Apprentice and also formerly an employee in President Trump's...
WIRTW #518 (the “no-stress zone” edition)
By Jon Hyman
What de-stresses you? Where do you go, or what do you do, that makes all the stress in your life melt away? My wife and I recently spen...
No one should be told to "suck it up" after requesting FMLA leave
By Jon Hyman
If this was August 201 7 , I would be touting today's post as a strong contender for the "Worst Employer of the Year." It says...
Juicing the reasonable accommodation low-hanging fruit
By Jon Hyman
Would you rather spend seven figures to lose a lawsuit, or $1.69 to allow a diabetic employee to drink a bottle of orange juice? The answ...
Despite what one court held, workplace discrimination laws DO protect employees from non-employees
By Jon Hyman
Pop quiz: Can an employer ignore harassment or other discriminatory behavior directed at employees by non-employees? If your answer is ...
On religious liberty vs. workplace discrimination laws
By Jon Hyman
Last week, Attorney General Jeff Sessions announced the creation of a "Religious Liberty Task Force" It will enforce a 2017 DOJ m...
WIRTW #517 (the “interrupter” edition)
By Jon Hyman
Every now and again I like to bring y'all some new music to discover for your Friday. It might not be new, and it might not be new to me...
The 14th nominee for the “worst employer of 2018” is … the HR pimp
By Jon Hyman
The Federal Emergency Management Agency (FEMA) — the federal agency charged with responding to natural disasters — appears to have a disas...
The worst employer of 1969
By Jon Hyman
1969. Woodstock. Abbey Road . The Moon Landing. And pregnancy discrimination.
It's not an oxymoron to be pro-civil rights AND represent management
By Jon Hyman
I read a tweet last night that really angered me.
John Oliver and Anita Hill on fixing our workplace sexual harassment problem
By Jon Hyman
When Anita Hill testified during Justice Clarence Thomas's confirmation hearing almost 27 years ago , the thought was that her story mig...
WIRTW #516 (the “grand” edition)
By Jon Hyman
Some things are destined to let you down. To fail to live up to the hype. The new movie that everyone is raving about. The hot restaurant t...
6th Circuit offers a good reminder that the ADA is often a bilateral process
By Jon Hyman
Like many people, I would love to have the time to exercise more. Life (and by life, I mean the 10 or more hours per day I'm often at wo...
WIRTW #515 (the “Murica – part 2” edition)
By Jon Hyman
Thanks, Abe. Here's what I read this week: Discrimination Could forcing an employee to sign a last chance agreement lead t...
Dealing with IEDs in your workplace—employees with intermittent explosive disorder
By Jon Hyman
Every workplace has had THAT employee. The hothead. Someone who loses their cool at the drop of hat. Yells, screams, and is prone to fits of...
6th Circuit says full-time work is not an essential function of every full-time job
By Jon Hyman
Is an employer required to permit a disabled full-time employee to work a reduced work schedule as a reasonable accommodation? In Hostett...
Firing of deaf employee costs Costco a Costco-sized verdict
By Jon Hyman
I've thought a lot of things walking through Costco. Why aren't the free samples out yet? What the heck am I going to do with 10...
Are you ready for rolling background checks of employees?
By Jon Hyman
Last week, Bloomberg published an article warning businesses to get ready for rolling background checks at work — the practice of running...
WIRTW #514 (the “Happy birthday D-man” edition)
By Jon Hyman
Tomorrow, this guy turns 10. Or, as he says, only 1 day left for single digits. Happy Birthday Donovan!!! 🎂🎁🎈🎉 You're the...
Does an employer have a duty to protect the personal information of its employees?
By Jon Hyman
Consider the following scenario. An employer discovers that an employee who worked in its information technology department had been steal...
The 13th nominee for the “worst employer of 2018” is … the murdering manager
By Jon Hyman
Today's post is a lesson in how not manage a poor performing employee. Believe it or not, it's generally considered poor employe...
Brett Kavanaugh, Supreme Court Justice?
By Jon Hyman
The pick is in. Brett Kavanaugh is President Trump's nominee to replace Justice Kennedy on the Supreme Court. What type of Justice wil...
No, you can't require your employee to work during an FMLA leave
By Jon Hyman
Today, I examine a question I receive all too often — can an employer require an employee to work during an FMLA leave? So as not to bury ...
WIRTW #513 (the “Murica” edition)
By Jon Hyman
I've been reflecting this week about what it means to be American. We used to welcome tired, poor, huddled masses, yearning to breat...
The 12th nominee for the “worst employer of 2018” is … the soulless supervisor
By Jon Hyman
I did not intend to run back-to-back "worst employer" nominees. And then I received this reader submission (thanks Suzanne Lucas...
The 11th nominee for the “worst employer of 2018” is … the supervisor supremacist
By Jon Hyman
Last week, I asked why anyone is still using the N-word . Which brings us to today’s nominee for the Worst Employer of 2018 , which appa...
WIRTW #512 (the “war pigs” edition)
By Jon Hyman
I spent last Saturday night at Crocker Park , in Cleveland's western suburbs, watching Fake ID rock that luxury shopping mecca harder t...
As our workforce ages, age discrimination is only going to worsen
By Jon Hyman
Happy Golden Birthday, Age Discrimination in Employment Act. On June 13, 2018, the ADEA turned 50. To commemorate this milestone, the EE...
Court upholds Postal Service's termination of employee over fear of "going postal"
By Jon Hyman
What do you do when you learn that an employee may pose a risk of violence to your workplace? Does your opinion change if you learn this...
Netflix demonstrates it has zero-tolerance for the N-word
By Jon Hyman
Netflix has fired one of its top executives for his use of the "n-word" at work. According to The Hollywood Reporter , sour...
Keep an eye on this 8th Circuit LGBT-discrimiation case
By Jon Hyman
The 8th Circuit Court of Appeals has been asked to decide if Title VII expressly protects gay, lesbian, and bisexual employees. The case—...
WIRTW #511 (the “dads” edition)
By Jon Hyman
Since we just celebrated Father’s Day, I thought I’d use this space to highlight some of the best posts I read this past week about worki...
Should we require drug testing as a condition for unemployment benefits?
By Jon Hyman
This is the question posed by Ohio House Bill 704 . Let's be clear. This law, if enacted, would not require drug testing as a condit...
EEOC sees no #MeToo uptick in harassment filings, but…
By Jon Hyman
Earlier this month, the EEOC reconvened its Select Task Force on the Study of Harassment in the Workplace . One fact that came out of the...
Sometimes a cigar is just a cigar, and sometimes your employees make porn at work
By Jon Hyman
Employees lose their jobs for lots of reason. Including (allegedly) filming porn at work.
“Incredibles 2” is an incredible movie about working parenthood
By Jon Hyman
Being a working parent is all about sacrifice. Not always being there for the small stuff. It might mean missing your daughter’s first date....
WIRTW #510 (the “communication breakdown” edition)
By Jon Hyman
“Best Band I’ve ever heard!” “You kids Rocked best band I’ve seen in long time. I would pay to see Fake ID again WOW” “Could of listened t...
The 10th nominee for the “worst employer of 2018” is … the whitewasher
By Jon Hyman
White only If I told you that an employee hung this sign inside his workplace, you might think I was talking about 1950’s Mississippi. ...
Is technology the answer to your employees’ mental health problems?
By Jon Hyman
The world was rocked last week, first by the suicide of Kate Spade and then by that of Anthony Bourdain. American suicide rates have skyro...
The legality of pre-certification communications with potential class members
By Jon Hyman
Your nightmare as an employer has just become your reality. A disgruntled former employee has launched a wage and hour class action laws...
NLRB clarifies its new employee handbook rules
By Jon Hyman
Late last year, in Boeing Co. , the NLRB rewrote more than a decade of precedent by overturning its Lutheran Heritage standard regarding...
WIRTW #509 (the “he did not just say that” edition)
By Jon Hyman
CNN reports that billionaire real estate magnate Sam Zell recently said the following while speaking at a real estate investment trusts t...
Can and should you ban employee phone use at work?
By Jon Hyman
Last night, the fam packed up the Hyman-mobile and headed out to see Jack White. It was my 7th time seeing him in any of his incarnations ...
Why is Paid Family Leave So Controversial for America?
By Jon Hyman
Today, I’m happy to share my latest publication. It’s an op-ed in Workspan Magazine titled, “Why is Paid Family Leave So Controversial for...
When losing is really winning: SCOTUS rules in favor of bakery in gay wedding cake dispute, but…
By Jon Hyman
A lot of digital ink has been spilled in the last day decrying the Supreme Court’s ruling in Masterpiece Cakeshop v. Colorado Civil Rights...
The greatest book ever written about labor relations is…
By Jon Hyman
Last week I came across an article entitled, “Business Wisdom From 10 Classic Children’s Books.” Its premise is that books with the simpl...
WIRTW #508 (the “last day of school” edition)
By Jon Hyman
Today is the last day of school. My almost 7th grader is so ready for summer break. Call it middle school burnout. My almost 4th grader? Not...
Everything you need to know about shredding documents when faced with litigation: DON’T DO IT
By Jon Hyman
If you are accused of destroying evidence, and the federal judge ruling on the motion starts his opinion by quoting a John Hiatt song call...
Who is Otis Burke?
By Jon Hyman
By now you’ve almost certainly heard about ABC’s cancellation of Roseanne , after Roseanne Barr posted a racist tweet about Valerie Jarrett,...
Court says that discretionary bonus cannot be the “quo” for the sexual harassment “quid”
By Jon Hyman
Quid pro quo is Latin for “something for something.” In employment law, it’s a specific theory of sexual harassment—“If you do this ‘thin...