'Come on you Gunners!' as pretext for discrimination?

My family are Gooners. For the uninitiated, that means we're Arsenal Football Club supporters. My 17-year-old son is the most passionate of the lot.

On a recent layover in an airport lounge, Donovan was wearing his Arsenal kit when a man walked by, pointed at the crest, and with a British accent said: "Oy, you got some dirt on your chest."

It took Donovan a minute to process. And then, barely missing a beat, he got up, walked over to the man, and asked, "Are you a Spurs fan?" ("Spurs," short for Tottenham Hotspur, Arsenal's North London neighbor and most despised rival.)

The man replied, "I am."

To which Donovan, at the top of his lungs, yelled: "PISS OFF!"

Then he turned and walked back to our table, leaving the man chuckling with his family.

Can we still trust the EEOC to enforce our anti-discrimination laws?

The EEOC exists to combat workplace discrimination. Employers depend on it for guidance, employees depend on it for protection, and its credibility is what makes civil rights law meaningful in the workplace.

That's why the recent allegations against the agency itself are so concerning.

Marc Seawright, a transgender man and the EEOC's former Director of Information Governance and Strategy, alleges in his recently filed EEOC charge that the agency instructed him to scrub every mention of LGBTQ+ identities from its outreach materials. The agency created these materials to help employers understand their obligations under Title VII as defined by the Supreme Court in the Bostock case. According to Seawright, his expertise is now being "leveraged to perpetuate discrimination against people like me."

SCOTUS just green-lit racial profiling. This is bad. Really, really bad.

The Supreme Court just gave ICE the constitutional thumbs-up to profile people based on race, national origin, language, job, or where they happen to be.

A lower court had blocked ICE from detaining people by relying on appearance, accent, or occupation as a proxy for immigration status. On appeal, the Supreme Court, through a shadow-docket order, lifted that injunction. In plain English, ICE can once again use these factors to decide whom to stop, question, and detain.

What would you do if ICE showed up at your door?

Last Thursday, nearly 500 federal, state, and local officers descended on Hyundai's under-construction EV battery plant. By the end of the day, 475 workers—most of them Korean nationals—were in custody.

The raid was massive: roadblocks, a boat fishing people out of a sewage pond, workers hiding in air ducts. Agents asked every worker for identifying information before clearing some to leave and detaining the rest. It was the largest single-site enforcement action in Homeland Security history.

Hyundai has said that some arrested were not its direct employees but contractors or subcontractors. Still, construction of the $5.5 billion facility is now halted. South Korea dispatched diplomats. Lawsuits will almost certainly follow.

WIRTW #771: the 'americana' edition

Should out to the best band in the land, Old 97's. On Wednesday they will receive a Lifetime Achievement Award at the 2025 Americana Awards & Honors in Nashville. This honor is so well earned. They are an alt-Americana pioneer who have been making great music with the same lineup since 1994. In my humble opinion, this is also long overdue. 

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

Does the NLRA protect the lone-wolf complainer?

When does the National Labor Relations Act protect as "concerted" the workplace complaints of a "lone wolf"? More often than you think.

In Miller Plastic Products, Inc. v. NLRB, A fabricator questioned whether the company at which worked early during the Covid pandemic was truly "essential." He challenged return-to-work protocols at an all-hands meeting and again later during a one-on-one with his manager, and urged a coworker with health risks to speak up. Days later, he was fired for "talking, attitude, and productivity."

Waxing philosophical: workplace speech vs. anti-discrimination law

Federal anti-discrimination laws protect people, not the content of their speech. Amy Wax, a Penn law professor (who, frankly, should have known better) just learned this lesson the hard way.

The law school disciplined her for what the it labeled "flagrant unprofessional conduct" stemming from a string of statements she made—some in the classroom, others in media—that denigrated racial minorities and others, including:

• Insinuating that Black people are inherently inferior to whites.
• Asserting the U.S. would be "better off with more whites and fewer nonwhites."
• Telling a Black colleague it's "rational to be afraid of Black men in elevators."
• Dismissing interracial marriage as misguiding advertising.
• Commenting on a podcast that Black women are "single moms with a bunch of guys who float in and out."
• Saying same-sex relationships are selfish and not about community or family.
• Claiming the country is better off with "fewer Asians" and describing them as resentful and envious of Western achievements.

Wax sued, claiming that punishing her for years of inappropriate racist, sexist, and homophobic statements was discrimination against her as a White Jewish woman.

WIRTW #770: the 'season 4' edition

This week marks the launch of season 4(!) of The Norah and Dad Show podcast.

Norah and I chat about our summer, which included a trip to Boston + a trip to Peniche, and her getting settled in for her sophomore year away at college. It also included some unwanted visitors getting to know Norah a little too well (which you can hear all about in the clip below).

As an aside, we had a great summer having Norah home. It is different having an adult-aged child, and I genuinely enjoyed getting to know my daughter as an adult and developing a different type of relationship with her. 10/10. Highly recommended.

You can listen to this full episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and everywhere else you get your podcasts. And while you're there, hit the subscribe button to make sure you get new episodes delivered to you when they drop every other Tuesday.

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

Marijuana legalization ≠ job protection

In Flannery v. Peco Foods, the 8th Circuit just provided a sharp reminder of how far the gap can be between what's "legal" for individuals and what's protected in the workplace.Flannery was fired after a drug test showed THC in his system. He said it came from CBD oil, pointed to the company handbook, and argued his levels were under the listed threshold. None of it mattered. He worked in an at-will employment state, and the court said plainly: employers can terminate "for good cause, no cause, or even a morally wrong cause."

That same lesson applies in Ohio, even after the state legalized recreational marijuana use last year and medical marijuana five years earlier.

Here's what Ohio law says about marijuana and employment:

Defending the "kitchen sink" discrimination lawsuit

Arnett Moore, a 51-year-old Baptist Black man, worked as a Division Manager for Avon. When Avon restructured, the company compared the performance of division managers in the region. Moore's numbers came in last. The decision-makers documented the process, applied objective sales data, and had multiple levels of approval. As a result, Avon fired Moore.

Moore then sued. First, he said Avon discriminated against him because of his disability or perceived disability Then he added sex. Then age. Then, race. And even religion. In the end, his complaint alleged six different forms of discrimination.

WIRTW #769: the 'slavery' edition

Donald Trump wants to make slavery great again.

In a rant on Truth Social, he fumed: "The Smithsonian is OUT OF CONTROL, where everything discussed is how horrible our Country is, how bad Slavery was… We are not going to allow this to happen.… This Country cannot be WOKE, because WOKE IS BROKE."

I can't believe I have to write this, but yes, slavery really was THAT BAD. Worse than bad. It was a centuries-long system of forced labor, racial terrorism, family separation, rape, murder, and dehumanization. It was chattel slavery—the commodification of human beings—on a scale unmatched in the Western world. It was, without exaggeration, the greatest moral stain on American history. Saying otherwise only displays your ignorance and bigotry.

Read the rest of this post at my Authoritarian Alarm Substack. (And while you're there, don't forget to subscribe.)

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

🚨 The Fifth Circuit Just Took Aim at the NLRB – And Potentially Every Federal Agency 🚨

This week, the Fifth Circuit handed down a decision in SpaceX v. NLRB that could fundamentally alter how federal labor law—and much of the administrative state—functions.

The court upheld injunctions blocking NLRB enforcement proceedings, ruling that the Board’s structure is likely unconstitutional because its members and administrative law judges are insulated from at-will removal by the President.

The 8th nominee for The Worst Employer of 2025 is … The Gender Corroborator

Policies on paper don't protect people. Training does. And this Buffalo Wild Wings location failed… spectacularly.

In April, 18-year-old Gerika Mudra went to dinner with a friend. When she went to the women's restroom, a server followed her in, banged on the stall door, and shouted: "This is a women's restroom. The man needs to get out of here."

Gerika—who is a biracial lesbian, not transgender—came out and said, "I am a lady." Instead of apologizing, the server doubled down: "You have to get out now." Feeling she had no other way to be believed, Gerika unzipped her hoodie to show she had breasts. Only then did the server leave. She has now filed a charge of discrimination against the restaurant

Your contracts are a culture test

Contracts are a culture test. This winery failed.

This summer, my daughter, a singer/songwriter, had a contract to perform four gigs at a local winery. She played the first three. Then, the winery's GM emailed her to say they were "going in a different direction" with their music and her "vibe no longer fit." He canceled her fourth gig.

Here's the problem: The contract (their contract; they proposed it and drafted it) only allowed them to cancel for "unforeseen circumstances." Changing the "vibe" plainly doesn't qualify. She politely pointed that out in an email response and asked when to expect payment. Crickets. For over a week.

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).