Appeal court guts protections against customer harassment

Thanks to the 6th Circuit, customer-facing employees are now a whole lot less safe at work.

Dorothy Bivens worked as a sales rep for Zep, Inc. A few months into the job, she visited a motel client. The client's manager locked his office door, asked her out twice, and only let her leave when she said no. She reported it to her supervisor, who reassigned the account so she'd never have to see that customer again. A short time later, Zep cut her position in a COVID-era reduction in force. She then sued for hostile work environment, retaliation, and race discrimination.

The 6th Circuit just tossed all her claims. The retaliation and race claims fell apart for lack of proof the decision-makers knew about her complaint or targeted her for her race. But the headline here is the harassment claim.

When your supervisor flips to Team Union…

Rising Star Coffee Roasters is in the middle of a full-blown labor meltdown—protests, police, firings, a closed store. And right in the thick of it? At least one supervisor who decided to stand shoulder-to-shoulder with the employees attempting to unionize.

That's not just awkward; it's dangerous for an employer. But the employer isn't without remedies. They just have to exercise them with care.

Under the NLRA, supervisors aren't covered “employees” and have zero legal protection to engage in union activity. You can discipline or terminate them for it, as long as you're not punishing rank-and-file employees in the process. The law sees them as management. When they cross the line, they're not "organizing," they're undermining the company from inside the chain of command.

WIRTW #768: the 'Peniche' edition

If you find yourself traveling through Portugal, don't overlook Peniche. This coastal town—set on a peninsula that juts into the Atlantic—is the westernmost city in continental Europe. Peniche is best known for four things: fishing, scenic vistas, surfing, and its long, wide, beautiful beaches. It also happens to be one of my favorite places in the world. 

Just an hour north of Lisbon and two hours south of Porto, Peniche makes an ideal stopover for a few days of relaxation between the two (as we did on our first trip to Portugal) or a beach vacation in its own right (as we did on our most recent visit).

Here are my suggestions for the top 7 things to do in and around Peniche:

1. Take a day trip to Berlenga Island: Hop on a boat to this stunning nature reserve, a UNESCO biosphere reserve,  for hiking, snorkeling, and exploring the 17th-century São João Baptista fort.

2. Wander the medieval streets of Óbidos: Step back in time in this charming walled town, known for its cobblestone alleys, whitewashed houses, and ginja, cherry liqueur served in chocolate cups.

3. Walk the rugged trail to Ilha do Papôa: Explore this small, rocky island connected by a narrow land bridge, offering stunning views, dramatic cliffs, and a touch of wild isolation just steps from town.

4. Catch world-class waves at Supertubos Beach: Peniche’s legendary surf spot known for its powerful barrels and international surf competitions. It's also much calmer in the summer, and there are dozens of surf schools that will teach any beginner. (Or, just walk the beach and watch others tempt the surf.)

5. Visit the Fort of Peniche: Explore this historic fortress-turned-political-prison that now serves as a powerful museum of Portugal's resistance to dictatorship.

6. Stroll the scenic cliffs at Cabo Carvoeiro: Marvel at dramatic ocean views and unique rock formations at Peniche’s westernmost point, which is even better when the sun is setting.

7. Explore the open-air art of Buddha Eden: 25 minutes from Peniche, you can stroll through acres of peaceful gardens filled with giant Buddha statues, contemporary sculptures, beautiful flora, and peacocks (so many peacocks) in Europe's largest Asian garden.

Bonus tip: Drive five minutes north up the coast along Baleal Beach, and eat brunch or lunch at Tugo's. The sandwiches and salads are the best around and the chill vibe blends well with the beach-town atmosphere. Ask for Hugo and tell him that Jon from Ohio sent you.

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

It's wrong. It should have never been said. But is it illegal discrimination?

"Old man, you been here longer than I've been alive. Are you ready to retire?"

Kenneth Lowe had worked at Walbro for over 40 years. In 2018, at age 60, he was fired. According to the company, his position as Area Manager was no longer needed. According to Lowe, it was age discrimination.

He sued, claiming his supervisor had made several age-related comments, including the one above, which was said during a ceremony celebrating Lowe's 40th work anniversary. Lowe said his boss also made other comments like "let the old guy do it," and "are you losing a step?"

At trial, the jury bought it. They gave Lowe over $2.3 million in damages. But the judge threw out the verdict and entered judgment for the company instead. The 6th Circuit just affirmed.

🚨 You can't ask that: Disability questions in hiring 🚨

Yesterday, a commenter noted on LinkedIn that many individuals with disabilities suffer in silence at work because they're afraid to disclose their disability during the hiring process—worried it might get them screened out. "There are dueling incentives for claiming or not claiming a disability, and the pendulum has swung hard towards staying as masked as possible if you don't want to end up in application purgatory," he wrote.

I wholeheartedly disagree. It is 100% illegal to ask an applicant this question in a job interview: "Do you have any medical conditions we should know about?" It's a per se ADA violation and a lawsuit waiting to happen.

Just because an employee says he has a disability doesn't mean he actually does

The University of Nebraska fired James Trambly, an IT support specialist, for violating university policy by removing a hard drive from a university-owned computer without authorization. The termination followed a year of documented performance issues—poor communication, overstepping into colleagues' work, visible frustration, interrupting clients, and spending excessive time on service calls.

After his termination, Trambly sued for disability discrimination and retaliation, claiming the university was aware of his "mental impairment": attention deficit/hyperactivity disorder (ADHD).

WIRTW #767: the 'cerveja' edition

When part of your business involves providing legal representation to craft breweries, even vacation means finding a beer garden where you can sit, relax, and sample the local brews.

Saúde to Letaria, a craft brewery tucked inside Óbidos, Portugal—a 12th-century walled town that feels straight out of a fairytale. The beer was excellent, and the quiet beer garden offered the perfect escape from the bustle of a crowded summer weekend in this popular tourist hub.

If you ever find yourself there, don't skip the ginja, a sour cherry liqueur served in chocolate cups and sold all over town. It's as fun as it is delicious.

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

Breaking down the proper way to handle an extended medical leave of absence

I spend a lot of time calling out employers who mishandle workplace issues. Today, I'm highlighting one that got it right.

Leanna Coffman was a Nexstar Media employee who suffered serious pregnancy-related complications and took 12 weeks of FMLA leave after giving birth. When her FMLA leave expired, Nexstar continued to provide support—giving her months of additional time off and approving her short-term disability benefits.

But when she still couldn't return to work six months after going out on leave, and also couldn't provide a clear return date, Nexstar made the difficult decision to terminate her.

So she sued for discrimination and FMLA retaliation. She lost on all counts. Why? Because Nexstar handled this situation correctly. They followed the law, communicated clearly, documented their decisions, and gave Coffman much more than the law required.

The Feds say that proselytizing at work is okay, but it shouldn't be

"The power of Christ compels you!" … could soon be coming to a workplace near you.

The Trump administration has issued new guidance allowing federal employees to display religious items at their desks, pray in groups off the clock, and even try to convert their coworkers.

You read that right. Government employees can now "attempt to persuade others of the correctness of their own religious views" and "encourage their coworkers to participate in religious expressions of faith, such as prayer, to the same extent that they would be permitted to encourage coworkers participate in other personal activities," so long as it's not "harassing in nature."

The 6 hard truths of litigation

I pay my mortgage and my kids' school tuition thanks to how long lawsuits take and how expensive they are.

Still, we need to have a frank conversation about exactly that: how long lawsuits take, and how much they cost.

Xerox just ended a 13-year legal saga with a $9.1 million settlement to a class of 5,700 call center employees. The lawsuit challenged the company's Achievement-Based Compensation plan, which paid employees by task and offered bonuses to meet minimum wage thresholds—but didn't cover time spent logging in, waiting between calls, or doing other required non-task work.

Think about that. Years of disruption. Thousands of work hours lost to discovery, motions, depositions, hearings, and appeals. Millions in legal fees. All to land on a settlement that isn't remotely material to a $7 billion company.

WIRTW #766: the 'empathy' edition

Forty years ago this week, the world came together. On July 13, 1985, Live Aid united millions across borders—not out of politics, but out of compassion. No cynicism. No culture wars. Just humanity responding to suffering.

Can you imagine that happening today?

In a time when empathy is mocked as weakness and "America First" is used to justify indifference, we need to remember what real leadership—and real decency—looks like.

Over at my Substack, I share what Live Aid teaches us about the power of compassion—and why rediscovering it may be our best hope against rising authoritarianism.

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

Strollers and stouts can coexist: making the case for family-friendly breweries

There's a growing trend in craft beer: no kids allowed.

Forest City Brewery, for example, recently banned guests under 16. They cite too many safety issues involving unsupervised toddlers and distracted parents.

They're not alone. Breweries across the country are shifting to adults-only policies… or at least adults-only hours.

I get it. Staff shouldn't have to dodge strollers or play babysitter. And if someone really pulled out a travel potty in the middle of a taproom (as one brewery reported)? Yikes! That's not just inappropriate; it's gross.

When your top talent drops the leg on your trade secrets…

Carma HoldCo—the company behind the Real American Beer concept—is laying the legal smackdown on two of its former execs, Chad Bronstein and Nicole Cosby.

Real American Beer is the light lager co-founded by wrestling legend Hulk Hogan. It's got a red-white-and-blue brand identity, a distribution deal with Walmart, and is being billed as the "official beer of WWE." It's a high-profile brand with big backing and even bigger stakes.

Carma alleges Bronstein and Cosby developed branding and business plans for the beer while still on the payroll, then body-slammed their confidentiality obligations by launching the same beer under their own company, RAHM (d/b/a Real American Beer), after getting the boot.

Being a workplace star doesn't excuse bad behavior. In fact, it demands more accountability, not less.

Teenage football phenom Lamine Yamal made headlines for all the wrong reasons this weekend. At his 18th birthday party, he allegedly hired people with dwarfism as entertainment, prompting widespread public backlash and legal complaints from disability rights organizations. The accusation: dehumanizing behavior that treats the disabled as props for amusement is discriminatory and undermines basic dignity.

Let's pivot from the pitch to the workplace.

Too often, high performers or rainmakers are given a pass. Their results insulate them. They cross lines, bullying coworkers, making inappropriate jokes, creating uncomfortable or even hostile environments. Leadership and HR look the other way because "they're too valuable to lose."

WIRTW #765: the 'It's a Bird… It's a Plane…' edition

Superman is an undocumented immigrant who punches Nazis. And if that makes him "woke," then maybe we need more woke heroes.

MAGAworld is melting down over James Gunn's Superman reboot because Gunn says that its a story about "immigrants and basic human kindness." Kellyanne Conway called it a woke lecture. Jesse Watters said his cape should say “MS13.”

Let's be clear: Superman has always been political.

• Created by two Jewish kids in 1938.
• A refugee from a dying planet.
• The Champion of the oppressed.
• A symbol of anti-fascism, decency, and justice.

If you think Superman is too political or too woke, you're not only misunderstanding him. You're also siding with the fascists he was created to punch.

I just wrote a full Substack piece digging into Superman's immigrant roots, his Jewish allegory, and why calling him "superwoke" completely misses the point. 

🧵 Read the full post here.
📬 And if you're not already subscribed to my Authoritarian Alarm Substack, what are you waiting for? Subscribe here.

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

Apple takes a bite of the NLRB in 5th Circuit ruling

In the workplace, not all questions are coercive and not all policy enforcements are discriminatory.
Case in point: Apple v. NLRB, in which the 5th Circuit just handed the tech giant a full reversal, rejecting findings by the Board that the company violated the NLRA by:

1. Coercively interrogating an employee about union activity; and

2. Removing union flyers from a breakroom table.

Let's unpack why Apple won, and what it means for employers navigating union-organizing campaigns.

Yes, you can be fired for what you say outside of work… especially when it's hateful.

In Darlingh v. Maddaleni, the Seventh Circuit just upheld the firing of a school counselor who gave a profanity-laced anti-trans tirade at a public rally. She promised "not a single" student under her watch would "ever, ever transition," and made sure to identify herself as a Milwaukee Public Schools employee while doing it. 

She sued, claiming the school district violated her First Amendment rights by terminating her. The 7th Circuit disagreed.

The 7th nominee for The Worst Employer of 2025 is … The Sadistic Chef

A jury just awarded $3.15 million to 22-year-old Andrew DeBellis—a sous chef who, over a brutal 2.5-month stretch, was punched, slapped, kicked, and emotionally destroyed inside the kitchen of fine-dining restaurant Margotto Hawaii.

Not by a rogue coworker.
Not in a moment of heat.
But daily.
By his executive chef—and with full knowledge of the owner.

The details are appalling. 

Title VII requires harm; not just hate

This week, America First Legal, a right-wing conservative organization founded by Stephen Miller, fired off a letter to the EEOC accusing the Los Angeles Dodgers and Guggenheim Partners of violating Title VII because of their publicly commitment to workplace diversity, equity, and inclusion.

But there's the legal twist: AFL didn't name a single person who was denied a job, demoted, fired, or otherwise harmed. Nor did it claim any injury to itself. 

The "Restoring Biological Truth to the Workplace Act" isn't about truth, it's about protecting bigotry

It's called the Restoring Biological Truth to the Workplace Act.

But let's be honest: it's just a license to discriminate.

Senator Jim Banks' recently introduced bill isn't about truth. It's about control. And cruelty. It would allow employees to misgender their transgender colleagues with impunity and prohibit employers from enforcing any workplace policies that require respect for a person's gender identity.