If this were your workplace, would you tolerate it?

Politico just published leaked messages from Young Republican leaders — future GOP operatives, appointees, and elected officials, as well as at least one current elected official and a White House staffer — joking about gas chambers, praising Hitler, celebrating rape, and using racist slurs over 250 times.

JD Vance brushed it off as a "college group chat" and then blamed Democrats for stoking political violence. Donald Trump has yet to even address it.

This isn't "dark humor" or "college hijinks." It's hate speech. Hard stop.

100% healed policy = 100% ADA violation

This one's for every business who's ever said to a sick or injured worker, "We can't bring you back until you're 100%."

The EEOC announced a $200,000 settlement with Elon Property Management after it required employees returning from medical leave to provide a doctor's note saying they could return to work "without restrictions." Elon also required a doctor to sign off on a copy of the employee's job description — and refused to let employees back if they couldn't meet every demand.

The EEOC's response was clear: "Policies that require an employee to be 100% before returning to work are unlawful. Employers must assess whether an employee can perform the job with or without a reasonable accommodation."

"Same-actor" harassment isn't immune from Title VII.

A federal judge recently granted summary judgment to Verizon Wireless after it fired a Black employee who twice used the n-word in the store. The employee argued, in part, that because the word came from him (a member of the protected class), his termination was discriminatory.

The court wasn't having it and dismissed the employee's case. It held that Title VII doesn't enshrine a right to use slurs "within one's own protected group." Harassment is about the work environment it creates, not the speaker's identity.

Ohio beer is the best beer!

For years, I've told anyone who would listen that Ohio has the best beer in America. Now, we have the proof.

At this year's Great American Beer Festival — the country's largest professional beer competition — Ohio's breweries showed up and showed out. Eleven breweries from the Buckeye State brought home 21 medals overall — tied for sixth among all states and marking our best result ever.

The undisputed star of the festival, however, was my local, Fat Head's Brewery. No brewery won more medals than Fat Head's, which took home five in total: two golds, one silver, and two bronze.

🥇 Goggle Fogger — South German-Style Hefeweizen
🥇 Battle Axe — Strong Porter
🥈 Bone Head — Strong Red Ale
🥉 Hop JuJu — Imperial India Pale Ale
🥉 Excursion Journeyman — Specialty Non-Alcohol Beer

🏆 Fat Head's also won BREWERY OF THE YEAR (15,001 – 100,000 barrels). 🏆

Not to be outdone, its downstate compatriot, Cincinnati's Third Eye Brewing Co. won three medals of its also and Brewery of the Year (2,001 – 5,000 barrels).

From neighborhood taprooms to nationally recognized powerhouses, Ohio beer showed that it belongs on the stage with the industry's heavyweights.

So yeah, I'm proud to be a beer lawyer. But even more, I'm proud to stand with an industry that captures the best of Ohio — authentic, passionate, and quietly exceptional.

If you love beer, put Ohio on your map. The pints are top-notch, and the industry's people are even better. The lawyers? Not too shabby either. 😉

---

Click here for information on Wickens Herzer Panza's craft beer legal practice (or just email me).

For more info on Ohio's craft-beer industry as a whole, check out the Ohio Craft Brewers Assocation.

WIRTW #776: the 'secret diner' edition

Every now and then, I like to take this space and go hyper-local, to highlight something that makes my corner of Northeast Ohio special. Today, that something is Vino di Luca, a new restaurant in Olmsted Falls.

If you're a Cleveland-area foodie, the name Luca Sema probably rings a bell. His other restaurant, Luca West, has long been one of my favorites and is arguably one of the very best spots in Greater Cleveland. So I had little doubt that Vino Di Luca would be something special.

Vino di Luca sits in the heart of downtown Olmsted Falls, in a beautifully restored century-old building that used to house The Olde Wine Cellar. The cozy yet contemporary transformation is stunning. The space doubles as a restaurant and wine shop, and it somehow manages to make both feel seamless.

The menu is built around Italian small plates and pastas. We like to start with the polpetta (housemade meatballs) and a salad, then dig into their pastas — maybe the white truffle and ricotta-stuffed sacchetti, the orecchiette with shrimp, or the gnocchi with fresh mozzarella and spicy tomato sauce. Each dish feels both elevated, comforting, and delicious. Much of the menu is naturally gluten free, including the polpetta, and all pasta dishes can be made gluten free upon request.

And then there's the wine.

Because Vino di Luca also functions as a retail shop, the prices are retail, which means you can enjoy an incredible bottle without the restaurant markup. The selection leans Italian (which makes sense given the menu), but there's plenty of California, French, and even the occasional Portuguese bottle mixed in. Every label is thoughtfully chosen and genuinely good. There's also a full bar with a craft cocktail menu if you're not in the mood for wine.

If you go, and the weather cooperates, grab a table on the back porch overlooking the Rocky River. It's peaceful, scenic, and one of those hidden gems that makes you appreciate where you live.

So, if you find yourself southwest of Cleveland, do yourself a favor and stop into Vino di Luca. Order a few plates, open a bottle of something interesting, and settle in. It's the kind of place that reminds you why dining out — and supporting local — is such a joy.

Cheers!

---

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

Employers, you don't need to be right—you just need to be honest

If you're an employer disciplining or terminating an employee for workplace misconduct, you don't have to prove the employee did the bad thing—you just need to honestly believe they did.

In Welch v. Heart Truss & Engineering, the employer fired an employee it believed had spray-painted trusses with graffiti—including devil horns and cartoon boobs. (Yes, really.) The employee claimed the real reason for his firing was his disability and workers' comp history.

But the 6th Circuit didn't buy it. The employer's "honest belief" saved the day.

The importance of preaching (and training) calmness in the workplace

Until today, I had never heard the phrase, "gratuity riot." I bet you hadn't either.

It allegedly happened in Nashville, where a bartender, pushed past her limit by a bachelor party that ran up a large tab and left no tip, hurled a pitcher across the bar. Words were exchanged, bottles followed, and soon the bar was a scene out of a country-western apocalypse — stools overturned, beer spraying, a shattered glass everywhere.

By the time the police arrived, the bartender was under arrest for aggravated assault, inciting a riot, and destruction of property.

We can all shake our heads and mutter, "What a mess," but there's a real workplace lesson buried under the spilled beer and broken glass.

The 11th nominee for The Worst Employer of 2025 is … The Enslaving Episcopate

Every year I think I've hit rock bottom when it comes to my "Worst Employer" list. And every year, someone picks up a jackhammer and starts digging.

Let me introduce you to the Kingdom of God Global Church, led by "Apostle" David Taylor and his "executive director" Michelle Brannon.

According to federal prosecutors, these two masterminded what can only be described as a modern-day slave labor scheme wrapped in the trappings of religion. The FBI's August raid of Brannon's mansion revealed 57 victims of forced labor living in cramped, squalid quarters — while Brannon enjoyed seven Mercedes, two Bentleys, half a million dollars in gold bars, and a backyard full of marble statues.

A reminder from the DOL that not all “front-of-house” jobs are created equal

The Department of Labor just released a new Wage & Hour opinion letter on one of those topics that always makes restaurant and hospitality employers nervous — tip pooling under the Fair Labor Standards Act.

The question is whether "front-of-house" oyster shuckers can be included in a tip pool with servers when the employer takes a tip credit toward minimum wage?

The DOL says yes — if those shuckers actually interact with customers.

WIRTW #775: the 'kindness' edition

What's wrong with kindness?

When I was a kid, I was taught: "Sticks and stones may break my bones, but words will never hurt me."

I disagree. Words can wound. They can demean. They can normalize cruelty and strip people of dignity. That's not strength, but weakness dressed up as bravado.

This week I was reminded of the choice we face every day in how we use our words. In a series of since-deleted comments to my LinkedIn post about the illegality of calling Black employees "monkeys," someone proudly declared:

➡️ that calling others "monkeys" is just free speech,
➡️ that he can call "whoever he wants a monkey,"
➡️ and that anyone who challenges that is undermining his freedom.

Technically, he's right: the First Amendment protects his right to say it. But here's the important part: free speech is not free of consequences, nor is it free of responsibility.

Which brings me back to my question: what's wrong with kindness?

Kindness invites connection.
Kindness builds trust.
Kindness strengthens communities and workplaces.
Kindness takes less effort than cruelty.
Kindness is the simpler, stronger choice.

Cruelty may get you attention, but kindness earns you respect.

So maybe the real question isn't "What am I free to say?" but "How will my words define me?" and "What impact will my words have on the people who hear them?"

None of us should want to be remembered for the insults we hurled, but for the kindness we offered.

The same is true at work. Cultures built on cruelty don't last. They burn people out, drive away talent, and create environments where fear replaces trust.

On the other hand, cultures built on kindness endure. They attract people who want to contribute, they foster collaboration, and they create workplaces where employees feel valued and respected. Kindness isn't just a moral choice, it's the smart business strategy that sustains organizations.

Choose kindness. Always.

---

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

Religious "purity tests" are a Title VII accommodation no-no

"Are you really that religious?" is the wrong question for any employer to ask of an employee seeking a religious accommodation.

The 6th Circuit just handed down a decision in Bilyeu v. UT-Battelle that should serve as a warning to any employer tempted to test the "sincerity" of an employee’s religious belief.

Let's count the ways Pete Hegseth's speech would get your company sued

If Pete Hegseth were your CEO, I'd be drafting your EEOC position statement tomorrow.

You're not running the Department of War (née Defense), and your employees aren't soldiers. If you think, however, Hegseth's speech yesterday is a model for shaping culture in your workplace, here's a lawyer's caution: his words are an employment-law nightmare.

The 10th nominee for The Worst Employer of 2025 is … The Corpse-Concealing Taskmaster

On Sunday, September 21, 43-year-old UPS driver Shelma Reyna Guerrero was crushed to death inside a cargo trailer at a company facility. According to police, she was loading packages alone when a malfunctioning conveyor caused an avalanche of parcels to fall on her. A co-worker discovered her injured body, but by the time emergency responders arrived, she was already gone.

Her coworkers remembered her as warm, kind, and joyful: "She was so friendly, had a beautiful smile … it was so infectious."

UPS compounded the heartbreak of this preventable death with its response. Workers report that the company shut operations down for only two hours before restarting both shifts — while Shelma's body was still in the building. Some employees said management even covered her body with "sort bags" so coworkers wouldn't have to see the body bag encasing her remains.

Monkey see; monkey not do

Chalk one up to common-sense — the 6th Circuit just held that the word "monkey," when directed at a Black employee, constitutes a racially hostile work environment.

In Smith & Sneed v. P.A.M. Transport, the court reversed summary judgment for the employer and sent the case to trial.

WIRTW #774: the 'daughter' edition

Yesterday was National Daughters Day, not to be confused with National Transfer Money to Your Daughter's Account Day (Oct. 6), International Daughters' Day (Sept. 28), Father-Daughter Day (Oct. 12), or National Son and Daughter Day (also Sept. 28).

I happen to host a podcast with my daughter — The Norah and Dad Show. We just released our 55th episode, covering our recent visit during Parents Weekend at her university. We discuss: dining, shopping, soccer, and an absolutely awful homecoming football game, the difference between "speech pathology" and "speech therapy," the meaning of community service, and why I canceled our Hulu subscription.

Here's a quick clip to whet your appetite.

You'll find the full episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, on our website, or through your favorite podcast app. And if you enjoy it, please like, review, and subscribe—it really helps us grow!

---

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

The 9th nominee for The Worst Employer of 2025 is … The Malignant Museum

De'Mario Grant thought he'd landed his dream job in security at the de Young Museum, following his grandfather's footsteps. Instead, he got backbreaking 16-hour shifts, chronic pain, HR doubting his medical leave, and managers whispering behind his back. He sued and won, and yet management kept right on retaliating against him until they finally fired him.

What does a $100,000 H-1B visa fee mean for American businesses?

Donald Trump's recent Proclamation raises the fee for foreign nationals seeking entry into the U.S. on an H-1B to $100,000. 

[T]he entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA ... is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.

This restriction lasts at least 12 months, with only narrow "national interest" exceptions.

WIRTW #773: the 'free speech' edition

"Whoever would overthrow the Liberty of a Nation, must begin by subduing the Freeness of Speech; a Thing terrible to Publick Traytors."

— Benjamin Franklin, The New-England Courant, July 9, 1722.

"If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable."
— U.S. Supreme Court, Texas v. Johnson (1989).

"The Thought Police would get him just the same. He had committed — would still have committed, even if he had never set pen to paper — the essential crime that contained all others in itself. Thoughtcrime, they called it. Thoughtcrime was not a thing that could be concealed for ever. You might dodge successfully for a while, even for years, but sooner or later they were bound to get you."
— George Orwell, 1984.

"Free speech is neither a privilege nor a partisan luxury. It's the oxygen of democracy. Without it, elections are hollow, dissent is branded illegitimate, or worse, and truth becomes whatever those in power decree. History shows that silencing speech is both the path by which authoritarians rise and the tool by which they endure."
— Jon Hyman, September 18, 2025.

---

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

Documentation + Process + Conduct = the three things you need to best bulletproof your termination decisions

How do you fireproof your workplace decisions from discrimination lawsuits? By doing exactly what Kent State University just did.

A transgender professor sued after being denied a leadership role and campus transfer, claiming sex discrimination. On appeal, the 6th Circuit affirmed the summary dismissal of the case, because the employer had its ducks in a row.

Here's what happened, and why the university won.

Outrage mobs shouldn't run your HR department. Employers need process, not panic, when the internet comes calling.

Outrage mobs shouldn't run your HR department. Yet Vice President JD Vance is urging the outrage mobs on. "When you see someone celebrating Charlie's murder, call them out and call their employer." That was his closing call to action as guest host of Charlie Kirk's podcast yesterday.

Plenty didn't need the nudge. Within 24 hours of Kirk's killing, employers nationwide—from media outlets to universities, airlines to retailers—were disciplining or firing staff over posts deemed "insensitive" or "celebratory" of his death.

A cottage industry of doxxing quickly formed. A site originally branded Expose Charlie's Murderers (since rebranded Charlie Kirk Data Foundation for obvious legal reasons) began cataloging names, employers, and posts. Activists like Laura Loomer pledged to ruin careers.