Discrimination for "religious nonconformity" IS religious discrimination
"Prayer is the exclusive way to prevent Covid infection." That's what Brad Amos says his bosses at Ramsey Solutions told him a...
WIRTW #726: the 'lobstah' edition
By Jon Hyman
I've been to a dozen concerts this summer. With the exception of Alanis Morissette, each was norah marie . My summer of music comes to e...
Don't 💩 where you 🍽️
By Jon Hyman
There's nothing inherently illegal about a boss being in a romantic relationship with a subordinate. There's something very illegal,...
The risks in treating inside salespeople as "exempt"
By Jon Hyman
If you employ inside salespeople, you need to pay attention to Su v. Webb Co. This case examined whether Webb, a wholesale distributor of ...
WIRTW #725: the 'sandwich' edition
By Jon Hyman
It's been a crazy month. We spent last weekend helping my parents unpack and organize their new apartment in the senior living community...
Off-duty social media is just as actionable as sexual harassment as on-duty misconduct
By Jon Hyman
"An employer cannot be liable for what an employee posts online while off-the-clock. Personal time is personal time; it's irrelevan...
Bevisförstöring is not the name of an IKEA bookcase; it's Swedish for spoliation of evidence.
By Jon Hyman
A federal judge recently ordered IKEA to pay $566,731.53 in attorneys' fees and costs as a part of sanctions for deleting employee emai...
"DEI hire" is the new N-word.
By Jon Hyman
After President Biden dropped out of the 2024 campaign and elevated his Vice President, Kamala Harris, as the presumptive Democratic nominee...
What does Project 2025 mean for employers? Labor law edition
By Jon Hyman
Today is the 3rd and final part of my series on what Project 2025 means for employers. Today, I examine its proposed impact on the National ...
What does Project 2025 mean for employers? Wage and hour edition
By Jon Hyman
In part 2 of my series on what Project 2025 means for employers and employment law, let's examine its proposed impact on wage and hour l...
What does Project 2025 mean for employers? Discrimination edition
By Jon Hyman
I promise this post is not political … but we do have to talk about Project 2025 . Project 2025 is an initiative organized by the Heritage ...
WIRTW #724: the 'summer' edition
By Jon Hyman
Our summer is sadly winding down. Vacation is over. I have one kid leaving for college in less than four weeks, and other starting his high-...
"Do as I say, not as I do" — HR leader fired for harassment loses discrimination lawsuit
By Jon Hyman
A female HR supervisor attends an out-of-town leadership retreat with some co-workers. They observe her at the hotel bar telling off-color j...
Discrimination liability for "agents" extends to AI vendors, says federal court
By Jon Hyman
Can an HR software vendor be held liable for the alleged discriminatory hiring decisions of its customers? According to one federal court, t...
Refusing to participate in mandatory training isn't "protected activity," it's insubordination
By Jon Hyman
"I am not taking this training because it's a joke … making non-white colleagues all victims and turning white colleagues … into vi...
WIRTW #723: the 'A Portuguesa' edition
By Jon Hyman
I love to travel for two primary reasons: to see things and to experience things. On my vacation to São Miguel in the Azores Islands, I saw ...
What is "implicit bias" and how to combat it in your business
By Jon Hyman
Dwight Jackson, a Black man, claims that the Shinola Hotel denied him a job interview because of his race. He knows this, he says, because ...
WIRTW #722: the 'Até logo' edition
By Jon Hyman
I'll be back with a fresh spirit and fresh content on July 10. This lawyer is officially on vacation. Here's what I read this week t...
This is why you train your management on how to respond to workplace harassment
By Jon Hyman
During Joyce Morgan's employment at Convenient Food Mar, her co-worker, Todd Wise, subjected her to sustained and prolonged sexual haras...
Temporary impairments as ADA disabilities
By Jon Hyman
Does recovery following surgery qualify as a "disability" under the ADA? Well, it depends. Consider, for example, the recent court...