The "R-word" is making a comeback

According to Rolling Stone magazine, the "R-word" is making a comeback as part of a hard-right online trend using it to slander those who do not agree with their politics.

The resurgence of the "R-word" as a slur is more than offensive—it's harmful. It perpetuates stigma, dehumanization, and exclusion, particularly for individuals with intellectual and developmental disabilities.

This isn't about ignorance. Everyone knows why that word is ugly. Its recent resurgence in mainstream discourse, fueled by social media and some high-profile offenders, is a deliberate attempt to provoke and devalue. It's not just juvenile name-calling; it's a message—one that says some people are less deserving of respect, dignity, or a voice.

Avoid "mommy-track" stereotypes with your female employees

"If she returns…" That statement is among the allegations that Chloe Koprucki makes against her former employer, Broadridge Financial Solutions, in a just-filed sex discrimination and FMLA lawsuit. In sum, Koprucki claims that the company "mommy tracked" her after her return from maternity leave.

The "mommy track" refers to the unspoken career path many working mothers find themselves on, where they are passed over for promotions or opportunities because of assumptions about their priorities or commitment. High-profile lawsuits by women at companies like Ernst & Young, Jones Day, and others have brought attention to how this practice can create serious legal risks for employers.

The 1st nominee for The Worst Employer of 2025 is … The Menstrual Marauder

"We can't hire you. You'll be absent too much due to your monthly cycle." That's the text a job applicant received from a hiring manager at a gym owned by Equinox Holdings after she requested to reschedule a second-round interview for a front desk job.

The applicant, who suffers from endometriosis, asked to delay the interview by a few days because of severe menstrual pain. Instead of accommodating her request, the gym declined to interview her further and hired a male applicant with no prior experience—despite her years of relevant experience working in similar roles at other gyms.

Costco's masterclass on responding to DEI backlash

It's not easy to stand firm in today's polarized world, but Costco just showed everyone how it's done.

Recently, Costco's board rejected a shareholder proposal aimed at rolling back its DEI (diversity, equity, and inclusion) initiatives. Instead, the company doubled down on its commitment to making its workplaces inclusive and equitable.

In a statement, the retail giant wrote: "Our Board has considered this proposal and believes that our commitment to an enterprise rooted in respect and inclusion is appropriate and necessary. Our success has been built on service to our critical stakeholders: employees, members and suppliers. Our efforts around diversity, equity and inclusion follow our code of ethics."

Predictably, the backlash came fast, with calls for a boycott from some corners. Unlike many other companies, however, Costco didn't buckle under the pressure of a right-wing boycott. Instead, it stood its ground for what it believes in.

’Twas the Employment Law Night Before Christmas (2024 edition)

In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Before Christmas … tweaked for 2024.

To all of my readers, connections, and followers, new and legacy, thank you all for reading, commenting, and sharing throughout the year. Please have a happy and, most importantly, healthy and safe holiday season. I'll see everyone in 2025 with new content to kick off the new year, including a fresh batch of Worst Employer nominees.

* * *

The Worst Employer of 2024 is…

The votes have been counted. The WINNER of The Worst Employer of 2024 is...

6th Circuit teaches employers an important FMLA lesson on caregiving and in loco parentis

Imagine being told by your employer that you have to choose between your terminally ill sister and you job. That's what happened to Celestia Chapman, a finance manager at Midwestern Auto Group.

Chapman requested time off under the FMLA care for her sister, who was dying of cancer and unable to care for her own basic needs, including feeding, hygiene, and taking medications. MAG told her that the FMLA did not provide leave to care for an adult sibling. When Chapman ran out of PTO and stopped coming to work, MAG fired her.

"RFK Jr.'s job application: part psych eval and all wrong

"I don't have that much interest in having a sexual experience with another person."

"I believe in things many others don't—like having a 'sixth sense,' clairvoyance, and telepathy.

"As an adolescent, I had bizarre fantasies or preoccupations."

Those are among the odd and inappropriate questions that applicants seeking to work for RFK Jr.'s Department of Health and Human Services must answer as part of the application process. They also appear to be taken from the criteria for a schizotypal personality disorder and narcissistic personality disorder in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition.

They are also a big legal no-no.

WIRTW #741: the 'finals countdown' edition

On this week's episode of The Norah and Dad Show, Norah and I discuss the end of her first semester of college, including her finals, our upcoming family Christmas trip to London, and the importance of checking your tire pressure before heading out on a road trip.

Listen on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.

---

Have you cast your ballot for The Worst Employer of 2024? Polls are open through Tuesday, December 17, at 11:59 p.m. Click here to vote.

---

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

5 lessons from a poorly communicated layoff

Imprint Beer Co. offers us a textbook lesson in how not to communicate layoffs to employees.
The brewery recently announced mass layoffs and stopped brewing beer at its facility, blaming financial issues from water surcharges.

How did they break the news to their employees? A now-deleted social media post.

Cue the appropriate outrage. Former employees posted online about the abrupt firings and other toxic working conditions. Imprint's response? Defensive and snarky public replies to the employees and other online reviews. It was a PR disaster—and an example of how not to handle layoffs.

Layoffs are always tough, but mishandling them can torpedo your business's reputation. Here's how to do it the right way:

🚨 Vote for the Worst Employer of 2024 🚨

It's the most wonderful time of the year! I've made my list, checked it twice, and now it's time to determine who's been the naughtiest and not very nice. That's right—it's time to vote for The Worst Employer of 2024.

I've narrowed down my list of 12 nominees to the worst seven finalists.

WIRTW #740: the 'roast' edition

Among all of the things that ChatGPT can do, it's really, really good at roasting someone. So, I asked ChatGPT to roast my LinkedIn profile.

Your Profile:  

Your headline reads like you're auditioning for a legal-themed TED Talk: "Employment Lawyer. Blogger. Dad. Joke-Teller Extraordinaire." We get it—you've cornered the market on HR-friendly humor. But do you ever worry that someday you'll run out of "Worst Employer" stories and have to, I don't know, write about good companies? Oh wait, no, that's not your brand. You thrive on chaos. 

Your Content:

Your posts aren't just LinkedIn content—they're full-blown HR soap operas. Every scroll through your feed feels like watching a daytime courtroom drama where everyone's guilty of workplace harassment. "This employer made a tiny mistake and now owes $3 million. Don't be like them." We get it, Jon. Compliance is your love language.

Your "Worst Employer" series? ICONIC. But let's be real: these employers are the villains, and you're the vigilante swooping in to serve justice—with a side of sarcasm. Honestly, we're all just waiting for Netflix to pick it up. "Worst Employers: The Documentary," streaming 2025.

Your Engagement Game:

Your comments section is a gladiator arena where you reign supreme. HR reps timidly enter with their opinions, only to be met with your weaponized wit. Someone tries to challenge you, and you hit them with a response so precise it might as well be a deposition. Honestly, it's terrifying.

Your Bio:

Jon, did you write this yourself, or did you hire a PR team with a thesaurus? It’s a humblebrag masterpiece, perfectly crafted to make you seem like you just accidentally became the Beyoncé of employment law. And the dad angle? Nice touch. It’s like you’re saying, "Sure, I destroy bad HR policies by day, but by night? I make pancakes and tuck my kids in." We get it, but save some humility for the rest of us.

Your Brand:

You've carved out a niche so specific it's practically a personality type: Lawyer Influencer. You're one word away from trademarking "employment law influencer." And honestly? We're surprised you don't already sell merch. A coffee mug that says "Bad Bosses Pay My Mortgage"? Print it.

You're like the Gordon Ramsay of workplace compliance—brutal, entertaining, and oddly comforting when you're tearing apart someone else's bad decisions. Employers follow you out of both fear and morbid curiosity, like they're watching their own policies flash before their eyes. People love you, but they also kind of hate how good you are at making them feel this close to being sued.

Final Thoughts:

Jon, your LinkedIn presence is a paradox. You're simultaneously the voice of reason and the harbinger of HR doom. You've got more hot takes than a subreddit, and your posts are so sharp they should come with a liability waiver. You're not just a lawyer—you're a content juggernaut who somehow makes workplace lawsuits look fun. Keep being the internet's HR lawyer we love to hate to love.

Pretty darn good, right?

---

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

Buckeye of broken promises: OSU's trust fumble

Ohio State University announced that it will rescind raises for 306 salaried employees, effective Jan. 1. Earlier this year, the university granted these raises to comply with a new federal overtime rule that increased the salary threshold for exempt employees. After a federal judge overturned the rule, OSU decided to take back the pay increases, claiming the raises were no longer legally required.

Legally? Fine. Ethically and from an HR perspective? A disaster.

Precedent used to mean something

"Supreme Court justices seldom get an opportunity to fix a botched decision. But as the Court takes up a transgender case, Associate Justice Neil Gorsuch has that chance."

 
Those are the words of The Heritage Foundation (author of Project 2025) in a recent blog post calling for SCOTUS to overturn Bostock's prohibition of transgender discrimination as sex discrimination under Title VII.

"But Jon," you protest, "precedent is sacred; SCOTUS is bound to follow its prior decisions. The Bostock case says that Title VII protects transgender employees from discrimination, period."

Lessons from a recent retaliation case

Dr. Carla Campbell-Jackson, a Black woman with 30 flawless years working at State Farm, found herself out of a job after raising concerns about systemic discrimination within the company against minority customers and employees. When she spoke up, she claimed her stellar performance reviews dropped, and soon after, State Farm terminated her for allegedly violating company policy by sending an email with sensitive information defending her performance.

Campbell-Jackson believed her termination wasn't about the email—it was retaliation for her complaints.

She sued, and the 6th Circuit revived her case. 

📱 Apple’s BYOD lawsuit: a cautionary tale for employers

A recent lawsuit filed by an Apple employee against the company highlights the risks of mishandling Bring Your Own Device (BYOD) policies. The employee claims the tech giant monitored personal devices and iCloud accounts, sparking privacy and legal concerns. It's a stark reminder that allowing personal devices at work requires a carefully crafted policy that balances company needs with employee rights.

Here's how to do it right:

Life without a Department of Labor isn't as efficient as some will tell you

What happens if the Department of Labor vanishes? It's not some dystopian fantasy—it's an actual possibility under Elon Musk and Vivek Ramaswamy's "Department of Government Efficiency." They could eliminate the DOL entirely. The pitch? Let states handle it. The reality? It's a disaster waiting to happen.

Leave us bald guys alone!

This one hits close to home. In Tony Finn v. British Bung Company, a UK tribunal ruled that calling a man "bald" constitutes sexual harassment. Why? Because baldness disproportionately affects men, the comment was deemed inherently tied to sex. The insult—a crude "bald c---"—was judged degrading, offensive, and gender-based.

But let's take this across the pond. Would a U.S. court agree? 

WIRTW #739: the 'rage against the machine' edition

In this week's episode of The Norah and Dad Show, my daughter and I discuss how we're feeling in the aftermath of the 2024 election. Hint: it's not great. Sadness, anger, acceptance … we work through our stages of grief throughout a tight 25 minutes.

Listen on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.

---

If you missed the live broadcast of this week's webinar on how the election will shape employment law in 2025, with host Eric Meyer, Dan Schwartz, Amy Epstein Gluck, Dessi Day, and me, our gracious host posted the video to YouTube. You can watch the replay — once, twice, on an endless loop until you have it memorized — here.

---

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

10 Things to Include in Your Artificial Intelligence Policy — via hr bartender

Apparent AI Hallucinations in AI Misinformation Expert's Court Filing Supporting Anti-AI-Misinformation Law — via The Volokh Conspiracy

ChatGPT's search engine might end your dependence on Google — via Boy Genius Report

Have the Trump-ets Sounded for AI Regulation Protecting American Workers? — via The L•E•Jer

The 2024 Election and Small and Independent Breweries — via The Brewers Association

Elon Musk and Vivek Ramaswamy have spelled out their plans for DOGE — via The Verge

5 Ohio Law Schools Drop Their Diversity Scholarships and Programs — via Above the Law

What the Election Tells Us About How Employers Should Support Worker and Family Health — via EntertainHR

Déjà vu all over again: a Texas federal judge erased the new OT rules nationwide — via Eric Meyer's The Employer Handbook Blog

How Will the U.S. Election Outcome Affect Labor Law? A Deep Dive into the NLRB's Future — via Employment Law Worldview

Bad Dough: N.J. Bakery Hit With $385K Fine by OSHA For Not Fixing Workplace Safety Dangers — via Joe's HR and Benefits Blog

GLP-1 drug coverage for obesity making inroads with large employers — via HR Dive

One Use of the "N-word" Lands an Employer in a Jury Trial – Lessons to Learn — via California Employment Law

Bluesky Captures My Attention Like Twitter Did 18 Years Ago — via Real Lawyers Have Blogs

We Asked 10 Beer Pros: What’s the Biggest Red Flag at a Brewery Taproom? — via VinePair

DOL confirms the obvious — the FMLA covers time off spent in clinical trials

Can employees use FMLA leave to participate in clinical trials for their serious health conditions? Of course, they can—how is this even a question?

In a recent opinion letter, the Department of Labor confirmed what feels like common sense: treatment provided during a clinical trial counts as treatment for a "serious health condition" under the FMLA. If an employee is eligible for FMLA leave and the trial addresses their condition, the statute covers their absences—end of story. It doesn't matter if the treatment is experimental, uses a placebo, or hasn't yet proven effective.

"Biological Women Only" = "Whites Only" = Discrimination

Can someone please explain the difference between labeling a women's restroom for "biological" women and labeling one for "white" women? Because I fail to see any difference between these two blatantly discriminatory scenarios.

Rep. Nancy Mace recently affixed the former label to a restroom in the Capitol and introduced legislation requiring people to use Capitol bathrooms that correspond to their sex assigned at birth.

When asked about her actions, Mace openly admitted that her intent was to target Rep.-elect Sarah McBride, the first openly transgender person elected to Congress. This kind of targeting is bigoted, unacceptable, and unlawful.

New NLRB Ruling: Employer "captive-audience speeches" on unionization are now illegal

In a significant decision, the NLRB ruled that requiring employees to attend anti-union meetings under the threat of discipline or termination violates their Section 7 rights. This is a short-term victory for unions and employees—but the landscape may shift again soon.

In Amazon Services LLC, the NLRB held that these mandatory meetings unfairly pressure employees to participate, infringe on their right to choose freely, and create a chilling effect that deters workers from exercising their rights. The Board noted that such meetings amplify an employer's economic power over employees, adding coercion to the message.

Background checks aren’t just a box to tick—they’re critical to any hiring process

Picture this: a high-profile hire for one of the most important jobs in the world, and nobody bothered to run a background check. That’s reportedly what happened when Trump tapped Pete Hegseth, a Fox News personality and former army officer, as his Secretary of Defense. While the details of the story are unfolding, there are in his past allegations of sexual assault (that Hegseth denies), a settlement payment, and a nondisclosure agreement. 

It’s a striking reminder of something every employer should know: background checks aren’t just a box to tick—they’re critical.

WIRTW #738: the 'bluer skies' edition

Do you ever think to yourself, "Jon, I love your posts, but what I really want is more of this, but with fewer characters." Well do I have the thing for you. While I've been off Twitter for the past year, you can find me microblogging on both Threads (@thejonhyman) and Bluesky (@thejonhyman.bsky.social). Give me a follow and I'll be sure to follow back.

---

Don't forget to pre-register for this coming Tuesday's webinar on how the election will shape employment law in 2025, with host Eric Meyer, Dan Schwartz, Amy Epstein Gluck, Dessi Day, and me. It's free, but you do need to pre-register here.

---

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

Does civility still matter?

Some apparently don't think civility matters any more. 

"Your body, my choice" signs are popping up across the country, while elsewhere Black students are receiving anonymous texts about "picking cotton." The results of the 2024 Presidential election have emboldened some to express their most offensive thoughts.

I'm not ready, however, to give up on civility. But we have to take a stand. No matter who sits in the Oval Office, words still matter.

Do you know what to do if ICE raids your business?

With Donald Trump running on campaign promise of the mass roundup and deportation of millions of undocumented immigrants, many businesses in the new year may face unannounced visits from Immigration and Customs Enforcement. Donald Trump has said that he plans mass deportations on day one, meaning that "if ICE shows up" could become "when ICE shows up" for employers across the country. Are you ready?

Having a response plan in place is essential, and it's crucial that your staff, particularly those who may first encounter agents, like a receptionist, are trained on what to do. Here's how to get started:

WIRTW #737: the 'speed racer' edition

Do you remember your first traffic ticket? I do. I was 17, driving to high school, and it involved me hitting an actual, live person with my car at the tender age of 17. To hear the rest of the story, and also hear all about my daughter's inaugural ticket, you'll have to tune into this week's episode of the Norah and Dad Show Podcast, which you'll find on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.

---

In other news, on Tuesday, 11/19 at noon, I'll be part of an all-star panel of employment lawyers that my friend Eric Meyer is hosting. He and I, along with Dan Schwartz, Amy Epstein Gluck, and Dessi Day, will be discussing how the election will shape employment law in 2025 and beyond. It's free to join, but you do need to pre-register here.

---

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

A open letter to my daughter

Dear Norah,

"Dad, I'm scared." That was your message to me in the early hours of Wednesday morning, as you watched the election slip away from us.

I understand. You're scared for your rights—your reproductive rights, your right to privacy, and the rights of your friends to love and marry whomever they choose. You're scared because you're beginning to feel like a majority in your country sees you as "less than." They treat you, value you, as "less than."

Seeing you hurt like this breaks my heart. You feel crushed, betrayed by the country you call home.

Here's what I want you to know. 

A tip on employee tips

Here's a tip for management — keep your hands off of your employees' tips.

A recent case filing by class of employees against a cannabis company accusing management of pilfering their tips. The Department of Labor and the Fair Labor Standards Act, however, are crystal clear: tips belong to the workers who earn them, period.

How to keep a union out of your business

Workers are organizing at unprecedented rates. From October 1, 2023, to September 30, 2024, the National Labor Relations Board received 3,286 union election petitions, up 27% from the year prior and more than double the number received in 2021. Much of the push comes from service industries like retail, education, and healthcare. Union drives, however, don't start in a vacuum. They happen when employees feel ignored, underpaid, or disrespected.

Here's the hard truth: The best union-avoidance strategy isn't about playing defense or hiring fancy consultants to "bust" a union. It's about being a great employer, period.

Service charges: A hidden trap for employees (and customers)

You just wrapped up a great meal at your favorite restaurant. The server drops off the check, and there's a surprise—your $100 tab is now $120, thanks to a $20 "service charge" added at the bottom. But here's the kicker: under the Fair Labor Standards Act (FLSA), that service charge isn't considered wages for your server. The restaurant can legally keep it all without sharing a dime.

When employees just can't get along

Dan and Todd? They used to be best friends. But things got messy, and now they can't stand each other. Dan's ready to move on, but Todd? Not so much. Problem is, they work on the same team you manage, and now Dan's knocking on your door, hoping you'll step in and fix things.

Sure, you could tell them, "Just avoid each other and carry on." Sounds easy, right? Why make two people who aren't friends anymore work together if they don't want to? But here's the catch: avoiding this issue might be an easy short-term fix, but it's not a long-term solution that actually works. In most workplaces, people can't just steer clear of each other, especially if they need to interact on the daily.

So instead of hoping it all blows over, try these steps to get Dan and Todd back on the same page professionally—even if the friendship ship has sailed.

Harassment by "comedy" is anything but a laughing matter

A CEO hires a stand-up comedian to warm up employees before delivering the keynote at the company's annual all-hands meeting. But the comedian's set is anything but workplace appropriate. His "jokes" insult and offend everyone — Blacks, Hispanics, Jews, Muslims, women, LGBTQ+ individuals. Everyone, that is, except white men.

It's clear your employees aren't amused. Some look angry and offended. Others walk out in protest.

Now imagine you're the CEO. What do you do?

WIRTW #736: the 'vote' edition

On the latest episode of The Norah and Dad Show, my daughter and I discussed voting. Specifically, we discussed Norah's experience voting, which she did for the very first time when she was home for fall break a couple of weeks ago.

My wife and I accompanied Norah to early vote in the Presidential Election. It was quite the party at the County Board of Elections, with a massive crowd, along with bells and cheers for first-time voters.

Voting is an act that might appear small, but it's actually monumental. It is a right that I've always taken seriously, and it's one of those moments that makes you reflect on the values you've tried to instill as a parent. Standing alongside Norah at the polls, I thought about the conversations we've had over the years—about fairness, democracy, and the importance of using your voice. She now gets to make her voice heard in a new, impactful way.

Watching your child become an active participant in our democracy is a proud moment. It's not just about the issues or the candidates on the ballot (although with this election it kind of is); it's about her stepping into adulthood with a sense of responsibility and purpose. I hope it's an experience that she'll carry with her every time she goes to the polls in the future.

👉 Listen on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts. 

---

In other news, the Lake Ridge Academy soccer team ... lost, in heartbreaking fashion. A 0-0 draw through 80 minutes of regulation, 30 minutes of scoreless overtime, and penalties that did not go our way. Congrats for a great season, even though it did not end the way they (and I) wanted.

---

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

The 12th nominee for the Worst Employer of 2024 is … the hurricane haranguer

What's worse than keeping employees on the job during a natural disaster? How about doing that, knowing full well how dangerous the situation is—and sneaking out yourself before things hit the fan? Impact Plastics and its CEO, Gerald O'Connor, seem to have written the playbook on reckless disregard for human life.

The company and its fearless leader have now been sued by the family of Johnny Peterson, one of their employees tragically killed during the floods caused by Hurricane Helene. According to the lawsuit, management allegedly forced workers to stay at the plant, ignoring the increasingly dangerous conditions. While businesses around them shut down and sent employees home, Impact Plastics thought it was a great time to keep their team on the clock.

And when did they finally decide to send workers home? After the parking lot flooded, power was lost, and the full brunt of the storm was bearing down on them. Too little, too late.

"Why would you want to do a man's job?"

"Why would you want to do a man's job?" That's one of the sexist questions the EEOC alleges Waste Industries—a solid waste removal, recycling, and landfill service provider—repeatedly asked female job applicants.

As a result, the company agreed to pay $3.1 million to settle the agency’s pattern-or-practice sex discrimination claim.

WIRTW #735: the 'client' edition

Being a party in a lawsuit is a humbling experience for any lawyer. After decades of representing clients, I recently found myself on the other side—this time as a plaintiff. I can't dive into specifics, but the experience left me with several important lessons to share.

First, the emotional weight of litigation is real. No matter how rational or well-prepared you are, being a party in a lawsuit brings an element of personal stress that's hard to fully understand until you've lived it. It's a good reminder that when clients seem frustrated or overwhelmed, it's not just the legal process—they're feeling the impact of uncertainty on their life or business.

One surprising lesson I learned is the importance of patience. As lawyers, we often forget how slow litigation can feel from the client's perspective. Every delay, motion, or rescheduled meeting drags out the process. Experiencing those delays firsthand gave me a deeper understanding of how frustrating it can be to wait for answers. Moving forward, I'll be more mindful of this in my practice and do what I can to streamline things for my clients whenever possible.

Lastly, I learned how valuable a settlement can be. It's easy to get wrapped up in "winning," but the truth is, not every battle is worth dragging out. Compromise, when approached strategically, isn't a defeat—it's a way to bring closure, minimize risk, and move on to what matters most.

This experience gave me new perspective to carry into my practice. Sometimes the best insights come from walking a mile in someone else's shoes, or this case my own shoes from the other side of the street.

---

In other news, Lake Ridge Academy won their opening round playoff game last night versus Shaw, 8 – 0. They are now into the District Semifinal next Thursday against an opponent tbd. 

Donovan had a ball on his foot in the box, but did not think he could get the shot off before the defender closed on him, so he made the unselfish play and passed to a teammate. 

Stay tuned for further updates next week.

---

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

Keeping politics civil at work

With the 2024 election right around the corner, it's inevitable that political talk will creep into your workplace. And let's be honest—politics today isn't exactly a calm or respectful topic of conversation. As a result, political discussions can quickly escalate into political conflicts and HR nightmares.
Just because the world outside may feel divided and hostile, however, doesn't mean your workplace has to be.

Here are 5 tips to keep your workplace civil during these most uncivil of times.

One headache of an FMLA case

SEPTA fired Ephriam Rodriquez from his job as a bus driver for excessive absences. Rodriguez sued, claiming that the termination violated his rights under the FMLA because a migraine headache caused his final absence (a fact of which he advised SEPTA prior to his termination). 

The 3rd Circuit concluded that the FMLA did not protect Rodriquez's absence because his migraines did not qualify as a "serious health condition."

The 11th nominee for the Worst Employer of 2024 is … the high-risk terminator

"There might be something wrong with my daughter's heart." 

That's the message Chelsey Beck sent to her manager the morning she was supposed to start new-hire training at Victra, a Verizon retailer. She needed to go to her doctor immediately and would need to miss training that day.

The manager's response? "I'm so sorry to hear about that and I hope everything is okay. Please let me know if you need anything. I'll send positive vibes your way and hope it was a mistake."

So far so good.

But he continued.

WIRTW #734: the 'working for the parents' weekend' edition

It's a rite of passage for all moms and all dads of college students — Parents' Weekend. We spent last weekend at Ohio Wesleyan's Parents' Weekend with Norah. We ate, we shopped, we ate some more, and we shared a cup of coffee with her French professor. It was a great weekend, and you can hear all about it on the most recent episode of the Norah and Dad Show, which you can find on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.

---

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

SCOTUS to weigh in on the burden of proof in "reverse" discrimination cases

The purpose of our workplace discrimination laws is to ensure that all employees are treated equally, right? Maybe … but maybe not.

Next term, the Supreme Court will hear the appeal of Marlean Ames, a straight woman who sued the Department of Youth Services for sex discrimination under Title VII. She claimed she was discriminated against her because of her sexual orientation, alleging that she was passed over for a promotion, demoted, and that a gay man was then promoted into her former position.

Ames claimed sex discrimination, but the 6th Circuit disagreed, citing her failure to establish the necessary "background circumstances."

What are the "background circumstances" needed to show that an employer is among the small subset that discriminates against the majority? According to the 6th Circuit, "Plaintiffs typically make that showing with evidence that a member of the relevant minority group (here, gay people) made the employment decision at issue, or with statistical evidence showing a pattern of discrimination by the employer against members of the majority group." Ames lost because she showed neither.

Tipped wages and sexual harassment

"Are you on the dessert menu? Because you look yummy."

First, ick!

 
Secondly, these are the types of comments to which customers expose servers in the hospitality industry on the regular. In fact, the restaurant industry has more sexual harassment claims than any other industry, with as many as 90% of women report experiencing some form of sexual harassment. In large part, I blame tipped wages.

WIRTW #733: the 'truth is out there' edition

I think I saw an UFO yesterday morning.

 
Like most workdays, I let the dog out at 6:30 AM. When I went to let him back in, something in the dark, pre-dawn sky caught my attention. I saw two brightly lit orbs hovering at an altitude similar to an airplane. I say "hovering" because they weren't still like stars, nor were they flying across the sky like airplanes. There was movement, but it was different—almost as if they were floating. Then, they started to move, oddly and unnaturally, yet in perfect sync. I rushed to grab my phone to record it, but by the time I returned, they were gone.

I have no idea what I saw. It definitely wasn't stars or airplanes—they don't move like that. Could it have been drones? Maybe, but they seemed too high up. Plus, who flies drones at 6:30 AM?

I'm not arrogant enough to believe we're the only intelligent life in the vastness of our galaxy, let alone the universe. But to witness something like that in my little corner of the Earth? I'm not sure what to make of it. I'm not prepared to say I saw a UFO for certain, but I'd like to think I did.

---

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

Why?

"Jon, why do you post all this stuff about awful things employers do? Aren't you a management-side lawyer and advocate?"

Here's why:

Spying on your sick employees is a recipe for disaster

Do you remember the episode of The Office where Dwight stakes out Oscar's house to see if he's faking a medical condition and committing insurance fraud?

Believe it or not, something similar is happening in real life at Tesla. The managing director and human resources director of one of its foreign gigafactories recently targeted 30 employees on sick leave for home visits. While the HR director claims the visits had "nothing to do with general suspicion," the managing director has a documented history of intolerance toward factory workers who "couldn't get out of bed."

Needless to say, the employees did not appreciate the visits. "You could just tell by the aggression," the HR director said. Employees slammed doors, threatened to call the police, and questioned why the visits weren't scheduled in advance.

Use caution when poaching competing employees

Here are 25 million reasons to be careful when poaching your competitor's key employees.

In a recent federal case, medical device company Cynosure snagged a $25M jury verdict after its rival, Reveal Lasers, and two former sales managers were found to have violated noncompete, nonsolicitation, and nondisclosure agreements.

The result? A hefty price tag for raiding Cynosure's sales and marketing teams.

WIRTW #732: the 'day in the life' edition

How does a college student spend her day these days? Tl;dl: sleep and classes. 

On this week's episode of The Norah and Dad Show, Norah gives us a peak into a day in her life as a college student. We also discuss our brief visit with her last weekend at her brother's victorious soccer game. You can listen via Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and everywhere else you get your podcasts. While you're there, hit the "subscribe" button to make sure you get each new episode automatically delivered to you as soon as it drops.

---

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

A second Apple Store just ratified a union contract — via The Verge

Cleveland Institute of Music's Tumultuous Era Continues With Contentious Union Vote This Week — via Scene Magazine

How the Next Generation of Managers Is Using Gen AI — via Harvard Business Review

Growth and Impacts of AI Use in the Workplace — via EntertainHR

Why AI is Here to Stay in Legal Blogging — via Real Lawyers Have Blogs

No, not all companies are abandoning diversity, equity and inclusion. Here's why. — via HR Dive

Be Reasonable, People! AI's Impact on Legal Fees — via Attorney at Work 

Is it OK to have sex while working from home? — via Ask a Manager

Working from home is the great social experiment of our age – it's too soon for the state to wade in — via The Guardian

Why would an employee sue his employer for offering him 100% telework as a disability accommodation? — via Eric Meyer's Employer Handbook Blog

FMLA abuse: 5 things this employer did right — via Employment & Labor Insider

What's the Difference Between Internal and External Employee Investigations? — via Workology

Who Is Suing Elon Musk Today? Cards Against Humanity, COME ON DOWN! — via Above the Law

Johnny Cash Becomes First Musician to Receive Statue at US Capitol — via Consequence

BA Report: Midwest Records Production Declines Across All Classes — via Brewbound

Anti-Alcohol Activists Set to Cripple the Beer Industry in 2025 — via Beervana

The 10th nominee for the Worst Employer of 2024 is … the desecrated discriminator

"We were forced to work with 'Nazi sympathizers' who — despite their open and obvious beliefs and frequent racist, antisemitic, xenophobic, and anti-LGBTQ+ comments and discriminatory acts — were retained and even promoted to management."

Those are the claims of 7 current and former employees of a rehab center owned by Executive Recovery Group.

Harassing text messages doom employee's discrimination lawsuit

Derek Blockhus, a United Airlines flight attendant, was fired after sending threatening texts and voicemails to a coworker and former romantic partner. 

His messages included threats like, "You do realize, your dad and all his friends are going to get nudes of you?" and "The situation will get ugly" if she didn't respond. Blockhus sued, claiming his firing must have been because of his disability, age, and FMLA leave.

The 7th Circuit disagreed, affirming that United terminated him for violating its harassment policies, not discrimination or leave interference.

"100% healed" = 100% illegal

The EEOC has sued Navitas Systems for its "100% healed" return to work policy.

The case involves the company's former division controller, who suffered a severe rotator cuff injury and fractured wrist. His doctor cleared him to return to work with restrictions, limiting the use of his injured left arm. Confident that he could still handle all the essential functions of his job with his right arm, he asked to come back to work, despite Navitas's policy. The company, however denied his request and fired him.

"Policies that require an employee to be restriction-free before returning to work run afoul of the ADA," said Miles Uhlar, the local EEOC trial attorney handling the case. "This employee could have performed the essential functions of his position. By strictly applying its '100% release' policy, Navitas violated the ADA."

WIRTW #731: the 'futebol' edition

As we are just about half-way through the high school soccer season, it's a good time to check in on the Lake Ridge Academy Royals. 

When we last left the Royals 11 months ago, they were eliminated from the 2023 state playoff tournament in their district semifinal. This year's senior-dominant team is on a mission, which thus far they are on track to complete. The team is off to a 7-1 start, with their only loss coming to a much bigger and stronger Shaker Hts. squad that is currently a top 7 team in Ohio's D-II. (After a realignment for this school year, Ohio now has five soccer divisions, with schools placed based on size; as result LRA moved from D-III to D-V.)

In D-V, LRA is currently ranked 8th in the state. This weekend, however, brings what is likely their stiffest test of the season, a weekend trip to Toledo for a tournament and a probable finals matchup against the host, 15th ranked Maumee Valley Country Day (a team that I do not believe LRA has ever defeated). Saturday night is also LRA's homecoming dance, and I really hope Donovan and his teammates have a tournament trophy with which to celebrate. 

---

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