Monday, June 16, 2025
A dog of a workplace lesson
Last weekend, I got bit by the doggie mayor of Boston's Seaport.
His name is Bennett. He's a 9-month-old golden retriever. And while visiting the area on a family vacation, I met the young mayor in a beer garden.
He was adorable. Charismatic. Clearly popular. And then—he chomped down on my arm.
It was classic puppy behavior—playful, harmless in intent, but still… teeth on skin.
What stood out most wasn't the bite. It was his "parents"—sitting nearby, watching it happen, saying absolutely nothing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 13, 2025
WIRTW #762: the 'cheers' edition
🚨 BREAKING: The death of craft beer has been greatly exaggerated.
📊 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).
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 12, 2025
The 6th nominee for The Worst Employer of 2025 is … The Terrible Trafficker
HotHead Grabba is now officially in the hot seat.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 11, 2025
2.5 million reasons to avoid age discrimination
"Younger and hungrier."
The only problem? They already had Cheryl Shephard, a senior accountant who wasn't "younger." Shephard was 65. And a CPA. No disciplinary record. No PIP. Just years of reliable, quality work with strong performance reviews
Then, out of the blue, CrossCounty Mortage fired her in a so-called reduction in force.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 5, 2025
Do you know the difference between legal and illegal interview questions?
You're hiring. Great.
You're asking illegal interview questions. Not so great.
Most employers don't mean to cross the line in interviews. But intent doesn't matter when the EEOC or a process server comes knocking. The law draws a pretty clear line around certain topics. And the moment you ask the wrong question, you've handed a candidate "Exhibit A" in their future discrimination claim.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 4, 2025
The 5th nominee for The Worst Employer of 2025 is … The Predator Manager
The EEOC has filed a lawsuit against Franchise Management LLC, the operator of over 20 Subway locations in the Beehive State, alleging that it failed to prevent the sexual harassment and assault of a 16-year-old male employee by a district manager.
The manager, Justin Nielson, reportedly made inappropriate sexual comments, asked the employee for photos of himself in his underwear, sent similar photos of his own, and ultimately assaulted the teenager during work hours.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 3, 2025
Inclusion isn't political #HappyPrideMonth🌈
It's Pride Month. And it matters now more than ever.
Ten years ago, a client fired me. Why? Because I suggested they add LGBTQ+ protections to their employee handbook. There was no federal law requiring it back then. They didn’t support "that lifestyle." I wasn't "a good fit" as their lawyer. I wanted to help them do the right thing, and they wanted to pretend certain people didn't exist. As much as I hoped they'd listen, they were right: I wasn't the right lawyer for them. And I'm proud of that.
Fast forward to 2020: the Supreme Court decided Bostock v. Clayton County, holding that Title VII protects employees from discrimination based on sexual orientation and gender identity. It was a legal game-changer. But it didn't change everything.
Now, in 2025, LGBTQ+ rights are under a coordinated attack—through legislation, litigation, and relentless rhetoric. And some companies are backing away from DEI altogether, afraid of the backlash.
But here's the thing: inclusion shouldn't be political. Leading with integrity means standing up for your employees, especially when it's not easy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 30, 2025
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.
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.
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 29, 2025
The fiduciary case for DEI
Corporate Diversity, Equity, and Inclusion initiatives are not just about social responsibility. They're also about business performance.
Studies from McKinsey and others have consistently shown that diverse teams drive innovation, enhance risk mitigation, improve decision-making, and ultimately deliver stronger revenue and profits. Indeed, according to McKinsey, companies in the top quartile for gender or ethnic diversity on executive teams are 39% more likely to outperform their peers financially compared to those in the bottom quartile, while those that rank in the top quartile for both are, on average, 9% more likely to outperform their peers. Conversely, companies in the bottom quartile for both are 66% less likely to achieve above-average profitability.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 28, 2025
When rights collide: religious beliefs vs. gender identity in the workplace
An employee tells HR, "I can't use my coworker's preferred pronouns. It's against my religion." What now?
This isn't theoretical or hypothetical—it's happening in businesses across the country. Just ask Spencer Wimmer, a former Generac Power Systems employee who refused to use a transgender colleague's pronouns on the basis of his Christian faith and was fired as a result. He's now filed an EEOC charge, claiming religious discrimination.
This is not an isolated development. It's the front lines of a growing legal and cultural tension: What happens when one person's protected rights collide with another's?
Here's my take: We can't use religion as a license to discriminate.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 27, 2025
DEI-washing
Verizon just made headlines — by eliminating its entire DEI program. In a memo to the FCC, the company announced sweeping changes:
NO DEI roles or departmentsNO DEI references in training materialsNO demographic hiring goalsNO supplier diversity benchmarksNO scholarships or internships targeted at underrepresented groupsNO diversity-focused recognition surveys.NO mention of “diversity, equity, or inclusion” on its website or in recruiting materialsNO mention of “diversity, equity, or inclusion” in recruiting materials
And yet, despite this full-scale rollback, Verizon insists it remains "committed to … an inclusive culture."
Let me be very, very clear: You cannot claim to support inclusion while dismantling every tool you've built to achieve it. That's like closing your fire department while saying you're committed to fire safety.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 23, 2025
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 22, 2025
Brewing up a tipped wages nightmare
Brewery owners: Let's talk why class-action lawyers are just as interested in your payroll practices as your flagship IPA.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Do not undervalue the importance of confidentiality in workplace investigations
After a Costco employee filed a sexual harassment complaint, she and others were required to sign an "Acknowledgement of Confidentiality" form. It prohibited employees from discussing the investigation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 16, 2025
WIRTW #759: the 'HBD' edition
🎉 My blog is officially an adult. Last week, it turned 18 years old.
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
✅ 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!
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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."
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?!"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 9, 2025
WIRTW #758: the 'craft' edition
Ohio showed up and showed out at last week's World Beer Cup in Indianapolis.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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)."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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:
And what did it cost them? Seventy-five grand.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 9, 2025
Documentation wins cases
Charles Carroll worked as a high-ranking exec at IDEMIA, the company behind TSA PreCheck. He ran a new initiative called "Trusted Fan" and was involved in renewing a major TSA contract.
He was also in his 60s and had recently been diagnosed with prostate cancer.
A year after disclosing his diagnosis, and after delivering the TSA contract renewal, he was fired. The company said it was due to performance issues: lack of leadership, mishandling the Trusted Fan rollout, and frustrations around the contract renewal process.
The Sixth Circuit upheld summary judgment for the employer across the board, including on Carroll's disability and age discrimination. Why? One word: documentation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 8, 2025
American Gestapo
Federal agents at Detroit Metro Airport detained attorney Amir Makled for 90 minutes. They asked him about his clients. They asked to search his phone.
Why? Because he represents a pro-Palestinian protester arrested at the University of Michigan.
According to the Detroit Free Press, Makled refused to turn over his phone, citing attorney-client privilege. But the message was clear: represent the "wrong" person, and you might be next.
This is not an isolated incident. It's part of a dangerous pattern. It's evidence of our quickening slide into authoritarianism. When the authorities target lawyers just for doing their jobs, democracy is on life support.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 4, 2025
WIRTW #754: the 'due process' edition
– 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:
⮞ 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.
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 3, 2025
The 3rd nominee for The Worst Employer of 2025 is … The Coprophilic Chief
"[The chief's] actions not only fail to meet the standards of professional conduct but also appear intended to humiliate me and other victims." That's according to a North Bergen, NJ, police officer speaking to People Magazine about his boss, Police Chief Robert Farley.
"Failing to meet the standards of professional conduct" might be understatement of the year. Farley is accused of horrific and unacceptable behavior.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 2, 2025
This is NOT how the ADA is supposed to work
Some federal agencies within the Trump administration have delayed acting on employee requests for reasonable accommodations because they are still figuring out their return-to-office policies.
That's not how the ADA works.
The ADA doesn't allow employers to "wait and see" before engaging in the interactive process. It doesn't allow delays while leadership huddles over long-term telework plans. And it definitely doesn't permit an employer to ignore an accommodation request just because it's inconvenient or politically tricky.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 1, 2025
PSA: Get your measles titer checked
I just had measles titer checked—and to my surprise, it came back really negative. That means I either never had the measles vaccine (which I definitely did, as a child) or my immunity has disappeared over time.
This matters because measles is one of the most contagious viruses on the planet. If you're not immune and you're exposed to someone with measles, you have a 90% chance of getting infected. And it's not just a rash and a fever. Measles can cause pneumonia, brain swelling, and even death.
Moreover, we're currently seeing measles outbreaks across the country in places where it hasn't shown up in years. While many adults assume they're protected, as I just learned that may not be the case.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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A day without associates
BigLaw is under attack—not just from Trump's executive orders targeting law firms that have historically supported his political opponents or oppose his current policies, but from their own employees.
Above the Law reports that associates at some of the nation's biggest law firms are considering going on "recruitment strikes" (i.e., refusing to participate in law student recruiting) if their employers fail to push back against Trump's unlawful orders.
What if these associates take it one step further and actually walk off the job in protest? Would the National Labor Relations Act (NLRA) protect their concerted work stoppage?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 28, 2025
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."
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 27, 2025
Teen employment is about education, not filling low-wage labor gaps
I'm a firm believer in the value of teenagers holding part-time jobs.
My first was as a mobile DJ, spinning records at Bar/Bat Mitzvahs, weddings, and sweet 16 parties. I also bussed tables in a nursing home dining room and unloaded giant rolls of fabric from trucks at a warehouse. Each job taught me about hard work, punctuality, taking direction, and dealing with people. They also taught me the value of money and the importance of earning my own spending cash.
That kind of experience is invaluable. It builds character, work ethic, and confidence. It's why both of my kids work, even though most of their friends do not. Just because I can provide walking-around money doesn't mean I should. If my daughter wants to drive a car, she'd better have the money to put gas in it and help cover the insurance. That's part of my responsibility as a parent—getting them ready for adulthood.
But what we're seeing now in some states (including Ohio) is something very different.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 25, 2025
A teachable moment on digital communication security
An editor at The Atlantic was accidentally added to a high-level Signal group chat where Trump administration officials were planning military strikes in Yemen.
Yes, you read that right. A journalist, in a chat with top government officials, while they were actively discussing where and when to launch missiles.
It's an appalling breach of national security. It’s also a teachable moment for employers.
If the highest of federal officials can accidentally include a reporter in a thread outlining imminent military action, your company's employees can accidentally include the wrong person in a message about a client, a deal, a product launch, or a sensitive HR issue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 21, 2025
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.
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 20, 2025
EEOC issues guidance on "DEI-related discrimination," but doesn't bother to define it
What is "DEI-related discrimination at work?" No one knows, including the EEOC.
Late yesterday, the EEOC released two new policy documents aimed at eliminating "unlawful DEI" in the workplace: What You Should Know About DEI-Related Discrimination at Work and What To Do If You Experience Discrimination Related to DEI at Work (the latter even available as a poster-sized PDF).
The most revealing line appears in the opening sentence of the "What You Should Know" document:
"Diversity, Equity, and Inclusion (DEI) is a broad term that is not defined in Title VII of the Civil Rights Act of 1964."
Of course it's undefined, because DEI is not illegal.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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This is what a constitutional crisis looks like
Translation: If you don't like a court ruling, you appeal. You don't ignore it. You don't retaliate against the judge. And you don't call for their impeachment.
And yet… here we are.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 19, 2025
Yes, segregation is still illegal, and also amoral
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| Image via wiki commons, cc license |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 18, 2025
Why you shouldn't hate lawyers (or at least not all of us)
The LinkedIn comments on my recent post about Donald Trump targeting the Perkins Coie law firm really caught me off guard. I expected some debate and pushback. What I didn't expect, however, was the level of vitriol directed at lawyers and the legal profession in general. The anger, the contempt, the full-blown hatred, just for people doing their jobs.
I get it. Lawyers aren't winning any popularity contests. We're perceived somewhere between used car salesmen and that guy who takes up two spots in the parking lot. The lawyer jokes never stop. ("What do you call 1,000 lawyers at the bottom of the ocean? A good start." "Why don’t sharks attack lawyers? Professional courtesy." I've heard them all.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 17, 2025
Properly functioning boards of directors must hold CEOs accountable for their words and actions
Boards must hold CEOs accountable for their words and actions. Case in point: last week Tesla/SpaceX CEO Elon Musk resharing a post suggesting that Hitler wasn't responsible for the Holocaust, shifting blame instead to "public sector workers."
It's a statement as reckless as it is offensive, and it raises a bigger question: When a CEO behaves like this, where is the board of directors?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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