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.

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.

Because you can't start a fire without a spark.
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.

Click here to sign the petition.

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

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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. 

In other words, diversity = profits.

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.

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 departments

NO DEI references in training materials

NO demographic hiring goals

NO supplier diversity benchmarks

NO scholarships or internships targeted at underrepresented groups

NO diversity-focused recognition surveys.

NO mention of “diversity, equity, or inclusion” on its website or in recruiting materials

NO 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.

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.

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

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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.

A new lawsuit against a Georgia craft brewery is making the rounds, and it's the same old recipe—alleged FLSA violations in how tipped employees are paid. Don't brew the same legal trouble for yourself. 

Here's what every taproom, brewpub, and brewery owner needs to know to stay out of court in wage and hour lawsuits:

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. 

Later, the company sent a letter instructing her to treat the outcome as confidential, even after the investigation had concluded.

Costco said the practice was necessary to preserve the integrity of the investigation.

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.

WIRTW #759: the 'HBD' edition

🎉 My blog is officially an adult. Last week, it turned 18 years old.

On May 9, 2007, I hit "publish" on my very first post. It was about a Supreme Court retaliation case, because of course it was. It's fascinating to see how my tone and style have matured (or, perhaps more accurately, immatured) over the years.

Fast forward to today: 4,470 posts later, and this blog is somehow still going strong. That's:
✅ Millions of words on employment law
✅ Hundreds of stories about HR disasters

✅ 759 "What I Read This Week" lists
✅ Dozens of "Worst Employer" nominees
✅ Too many musical references no one asked for

When I started, blogs were cutting edge. LinkedIn barely existed. Twitter was a baby. AI was still science fiction. And I honestly didn't know if anyone other than my dad would read this thing. (He still does.)

Eighteen years in, the blog has given me a platform, a voice, and a way to connect with readers, clients, reporters, and colleagues around the world. It's also brought me lasting friendships and provided a much-needed creative escape from the daily grind of practicing law.

Thanks to everyone who's read, shared, commented, or said, "Hey, I actually like reading legal content." You’ve kept me writing—day after day, week after week, year after year.

Here's to the next 18!

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

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Managing employees' food allergies and preferences in the workplace

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

Let's start with the law:

The Stanley Cup of social media screwups

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

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

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

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.

WIRTW #758: the 'craft' edition

Ohio showed up and showed out at last week's World Beer Cup in Indianapolis. 

The World Beer Cup — the most prestigious beer competition in the world—is dubbed "the Olympics of beer." Organized by the Brewers Association, the now annual event has been held since 1996 in conjunction with the Craft Brewers Conference. 

This year's competition drew 8,375 entries from 1,761 breweries and cideries representing 49 countries. Medals—Gold, Silver, and Bronze—were awarded across 117 categories.

Ohio breweries earned a total of 11 medals, including three for local favorite Fat Head's: two Golds and a Silver. Impressively, Fat Head's has medaled at every World Beer Cup since 2012—a streak that, according to my research, no other brewery in the world has matched.

You can watch the 2025 awards ceremony here and view the full list of winners here. Next year’s World Beer Cup will be held on April 23 in Philadelphia.

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

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

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

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

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

Corporate ethics start at the top

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

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

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

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.

What do dolls have in common with beer?

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

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

Charming.

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

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

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

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

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

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

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).