Unpaid leave is an ADA reasonable accommodation; it just can't be the only one you offer

If your ADA accommodation policy starts with "take unpaid leave," you're doing it wrong.

Just ask the 15 Dunkin' Donuts franchisees that recently agreed to pay $250,000 to settle an EEOC disability discrimination lawsuit.

According to the EEOC, these franchisees maintained a policy that refused to provide reasonable accommodations to employees with medical restrictions. Instead, workers were placed on unpaid, indefinite leave until they could return to work with no restrictions whatsoever. In other words, if an employee wasn't "100% healed," they weren't working.

The EEOC calls this a "100%-healed" policy. The ADA calls it unlawful.

The EEOC's new Enforcement Plan is way more politics than strategy

The EEOC has replaced its 2024-2028 Strategic Enforcement Plan with a new National Enforcement Plan for 2025-2029. The change is more than cosmetic. It reflects a significant shift in what the agency believes its mission should be.

To be clear, intentional discrimination against anyone because of race, sex, religion, national origin, age, disability, or any other protected characteristic is unlawful. Full stop. Title VII protects everyone. An employer cannot justify discrimination simply because it occurs in the name of diversity, equity, or inclusion.

But that's not really the story here.

The story is what the EEOC has chosen to prioritize.

WIRTW #800: the 'world cup' edition

The World Cup kicks off on June 11, and plenty of matches will be played during the workday. (June 17, I'm looking at you. Portugal vs. DR Congo starts at 1 p.m. ET, followed by England vs. Croatia just three hours later.)

So what's an employer of football-loving employees to do?

Nick Mohammed, of Ted Lasso fame, has a suggestion. He's released a tongue-in-cheek video called Fight for Your Right to Watch the 2026 FIFA World Cup at Work.

I'm not suggesting employees spend the next six weeks with one eye on their work and the other on a World Cup stream.

Then again, I'm not exactly suggesting they don't, at least for games that matter to them.

Instead of treating the World Cup as six weeks of lost productivity, smart employers might view it as six weeks of culture-building. A lunchtime watch party. A company bracket. National team jerseys on match days.

If employees are going to be paying attention anyway, you might as well harness the enthusiasm rather than police it. Productivity might dip for 90 minutes, but morale and goodwill can last a lot longer.

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

Ohio's new ethics guide — Artificial Intelligence for Lawyers and Judicial Officers — leaves one big question unanswered

Ohio's new AI Ethics Guide for Lawyers is worth reading.

It tackles many of the questions lawyers have been asking since generative AI entered the mainstream: competence, confidentiality, client communications, billing, hallucinated citations, supervision, and judicial use of AI.

First, credit where it's due. Ohio deserves praise for stepping into a conversation that many jurisdictions have been reluctant to have. Lawyers are hungry for practical guidance on AI, and doing nothing is no longer an option. The Ohio Board of Professional Conduct deserves recognition for taking a serious run at a rapidly evolving issue.

Which is why one part of the Guide surprised me. On the question of whether lawyers can ethically disclose client information to AI platforms, the guidance seems to say both yes and no.

A helpful tip on the FLSA's tip credit

For many craft breweries, the taproom is where the magic happens. It's where customers connect with your brand, your beer, and your people. 

It's also where wage-and-hour lawsuits often begin. 

Artisanal Brewing Ventures, the company behind Southern Tier, Victory, and other craft beer brands, is facing a nationwide collective action over its pay practices at 15 taprooms across five states. At the heart of the lawsuit is an issue that too many hospitality employers overlook: compliance with the Fair Labor Standards Act's tip-credit rules. 

🎶 With my mind on my Title VII and Title VII on my mind. 🎶

Barbie Bassett, a longtime white news anchor for WLBT, lost her job after two on-air comments her employer deemed racially offensive. First, she referred to a Black reporter's grandmother as "grand m*mmy." WLBT received viewer and employee complaints and gave Bassett a written warning.

Less than six months later, during an on-air segment about Snoop Dogg, Bassett dropped the phrase, "fo shizzle, my n**zle." A Black co-anchor immediately told her, "I can't believe you just said the N word on live TV."

Complaints followed, as did national media, and then Bassett's termination.

She sued, claiming race discrimination. Her argument was, basically, WLBT fired her because she was white, relying heavily on testimony from the station's general manager that "there are some things that Black people can say that White people can't say."

The one mistake I keep seeing employers make, over and over again

One of the biggest mistakes I see employers make, over and over again, is treating employee wage information as "confidential."

Policies that ban employees from discussing pay.

Confidentiality rules that include "wages," "salary," "compensation," or "payroll information."

Managers who tell employees they are not allowed to ask coworkers what they earn.

HR departments that discipline employees for talking about their pay.
Employers that fire employees for creating or sharing salary spreadsheets.

Stop it.

WIRTW #799: the 'inclusion' edition

Is it too much to ask a school to provide a gluten-free treat for my son?

Donovan has Celiac disease. The school has known of his autoimmune disease since he started there in kindergarten. (He just finished 11th grade.)

Yesterday, the school provided cupcakes to the entire upper school to celebrate the end of finals.

That is, the entire upper school except for my son and the few others who cannot eat gluten, because no gluten-free treats were provided. Nor did the school let us know in advance so that we could send something of our own.

No one is asking for special treatment. Quite the opposite. We're asking for equal treatment. We're asking that students with medical dietary restrictions be given the same opportunity to participate in the small moments that help build community and belonging.

What makes this especially frustrating is how easy the accommodation would have been. Gluten-free cupcakes are not rare. They're not difficult to find. And if obtaining them wasn't feasible, a simple heads-up to affected families would have solved the problem.

This is exactly why inclusion matters, despite what current resident of the White House wants us to believe. Inclusion isn't about ideology. It's about making sure people don't feel invisible.

Yesterday, Donovan felt forgotten. He felt like no one cared enough to think about him. Whether that was anyone's intent is beside the point. The impact was the same.

No one should feel that way at school. No one should feel that way at work.

The best schools and the best employers understand that belonging is built in the small moments. It's created when leaders take the extra step to make sure everyone can participate. It's reinforced when people with disabilities, medical conditions, religious obligations, or other differences aren't treated as afterthoughts.

Inclusion is not measured by mission statements, diversity committees, or carefully crafted website language. It's measured by whether people think about those who might otherwise be left out. A cupcake at the end of finals may seem trivial to most students. But when everyone else is celebrating together and you're the one standing on the outside looking in, the message is impossible to miss: this wasn't planned with you in mind.

Schools and employers teach lessons every day that never appear in textbooks or training manuals. This week's lesson was that some people belonged in the celebration and others were left standing outside it.

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

Can you harass someone for being American?

The EEOC does not file many lawsuits.

It receives tens of thousands of discrimination charges every year but litigates only a tiny fraction of them. Which means that when the agency does decide to sue, it is usually trying to say something bigger about its enforcement priorities.

That is what makes the EEOC's recent national origin discrimination lawsuit so interesting.

"We'll look into it" is not a harassment response

An employee says a coworker sexually assaulted her at work.

Management says it will take the complaint seriously.

HR says it will be involved.

The employee says she is afraid to encounter the coworker again.

And then? According to a new lawsuit filed against the Atlanta Hawks and State Farm Arena, not nearly enough.

Tameika Hampton worked as an event security officer at State Farm Arena. She alleges that during an NBA YoungBoy concert, a coworker approached her from behind and pressed his genitals against her. Two days later, after a security captain noticed she appeared distressed, Hampton reported what had happened. The complaint says the report was escalated, she was told to submit it in writing, and management assured her that the matter would be taken seriously, HR would be involved, and her safety mattered.

Those are all the right words.

The lawsuit alleges the employer's actions did not match them.

Hampton claims she had to repeatedly follow up because HR did not timely communicate with her or schedule an interview. She alleges the interview did not occur until nearly a month later. Four days after that, the company allegedly closed the investigation, telling her the surveillance footage was too unclear to determine what happened. She also says the employer failed to give her clear safety protocols, failed to ensure she would not run into the accused coworker, and then scheduled them in a way that forced her to pass by him after a later shift, causing a panic attack.

And, according to the complaint, another female employee later accused the same coworker of similar conduct.

The defendants, of course, have not yet answered. These are allegations, not proven facts.

But the lesson for employers does not depend on how this case ultimately resolves.

When an employer learns of harassment, it owns the response.

Not the outcome. Not perfection. Not omniscience.

The response.

That means more than thanking the employee for coming forward and promising to investigate. It means acting immediately, communicating clearly, documenting thoroughly, and taking interim steps reasonably calculated to protect the complaining employee while the investigation runs its course.

In harassment cases, speed matters.

A delayed investigation is often no investigation at all. Memories fade. Video gets overwritten. Witnesses disappear. The complaining employee loses trust. And the accused employee remains in the workplace, creating ongoing risk to the complainant, other employees, and the business.

A prompt investigation does not mean a rushed or sloppy investigation. It means starting immediately. Identify witnesses. Preserve video. Lock down schedules. Review prior complaints. Check personnel files. Interview the complainant. Interview the accused. Interview anyone who may have seen or heard anything relevant. Follow the facts where they lead.

And tell the employee what is happening.

You do not need to share every detail. You should not promise a particular result. But silence is poison. "HR will be in touch" followed by weeks of nothing tells an employee that the company does not care, even if people behind the scenes are doing work.

Interim protection also matters.

An employer that receives a credible complaint of sexual touching cannot simply leave the parties to navigate the workplace on their own. Separate them. Adjust schedules. Change reporting lines. Provide escorts if needed. Clarify who the employee should contact if there is a problem. Make sure the complainant does not have to keep asking whether she will be safe walking to her car.

And be careful with the word "safe."

If you tell an employee, "You will not have to work with him," then make sure she does not have to work with him. If you tell her, "You will not be near him," then make sure she is not near him. Broken safety promises are litigation gasoline.

Employers also need to understand the legal standard. When the alleged harasser is a coworker, the employer is generally liable if it knew or should have known about the harassment and failed to take prompt and appropriate corrective action reasonably calculated to stop it.

That phrase, "reasonably calculated to stop it," is doing a lot of work.

It is not enough to check the box with an investigation. The response must be meaningful. If the accused remains employed, what guardrails are in place? If the evidence is inconclusive, what steps will prevent recurrence? If there are later similar complaints, will the employer reopen the investigation? If the complainant reports continued fear or trauma, how will the employer respond?

The law does not require employers to believe every complaint automatically. It does require them to take every complaint seriously.

That distinction matters.

Taking a complaint seriously means you do not prejudge it. You do not bury it. You do not slow-walk it. You do not make the complainant chase HR for updates. You do not treat unclear video as the end of the inquiry. You do not ignore scheduling realities. And you do not create a workplace in which the person who complained feels punished by having to manage her own safety.

Employers should have a harassment response playbook before the complaint arrives. It should include:

1. Immediate intake and documentation.
2. Preservation of evidence, including video, texts, emails, badge records, schedules, and prior complaints.
3. Prompt identification of interim protective measures.
4. A neutral investigator with authority and training.
5. Regular communication with the complaining employee.
6. A conclusion supported by facts, not vibes.
7. Corrective action tied to the seriousness of the conduct and the risk of recurrence.
8. Follow-up after the investigation closes.

The follow-up piece is often forgotten. It should not be.

After the investigation ends, ask whether the employee has experienced retaliation. Ask whether there have been further interactions. Confirm that protective measures are working. Make sure managers understand the boundaries. Then document all of it.

Harassment policies are only as good as the employer's willingness to enforce them when enforcement is uncomfortable.

Because when an employee reports sexual harassment, the employer has a choice.

It can treat the report like a compliance inconvenience. Or it can treat it like a workplace emergency that deserves urgency, care, and accountability.

Only one of those choices keeps employees safe and helps keep the employer out of court.

COVID-era remote work doesn't make telework a permanent ADA accommodation requirement

Remote work isn't the ADA accommodation silver bullet employees think it is.

The 5th Circuit just drove that point home in Hayes v. GStek, Inc., a case involving an Army contractor whose employee requested full-time remote work after being diagnosed with autism, depression, and social anxiety disorder.

And the court's message was unmistakable: just because a job could be performed remotely during COVID doesn't mean remote work is now a permanently reasonable accommodation under the ADA.

That distinction matters. A lot.

The 6th nominee for the Worst Employer of 2026 is … The Funeral Fragger

There are bad managers. There are clueless managers. And then there's this manager, who just entered the race for Worst Employer of 2026.

An employee's father dies. The employee takes two days of bereavement leave immediately after the death. Then comes the harder part: planning the funeral, coordinating family travel, handling legal matters, cleaning out a house, and grieving like an actual human being.

So naturally his boss asked him to "consider limiting" his time off and maybe "take the second week off later" because staffing would be tight.

Apparently, corporate America's commitment to working parents had conditions

The pandemic-era "golden age of employee benefits" is over.

At least, that's the message some employers are sending as companies like Deloitte and Zoom slash paid parental leave and other family-friendly benefits.

And make no mistake, employees are paying attention.

The EEOC just gave employers an (inadvertent) roadmap on how to legally implement a DEI program

The EEOC thinks it just filed a blockbuster anti-DEI lawsuit against The New York Times.

What it actually filed is a pretty good roadmap for how employers can pursue diversity lawfully.

That's the irony sitting at the center of the EEOC's new case against the Times. The agency claims the newspaper illegally passed over a white male editor for a deputy real estate editor position because the company wanted to increase the number of women and people of color in leadership.

The complaint is packed with the kinds of allegations you'd expect in 2026: Slack messages about diversity trends, references to "representation goals," DEI metrics in leadership reviews, and internal discussions about maintaining progress on newsroom diversity.

But if you actually read the complaint carefully — and not just the outrage-bait headlines — something else jumps off the page.

Most of what the EEOC describes is completely lawful.

WIRTW #798: the 'gunner' edition

I never expected to fall in love with English football in my 50s. Yet here we are.

A couple of years ago, I started following Arsenal FC. What began as casual curiosity turned into waking up early on weekends, structuring Saturdays around matches, and finding my way to our local Arsenal supporters' bar.

What's struck me most about Premier League culture isn't just the football. It's the songs.

Every player has one. Every meaningful moment has one. The supporters don’t just watch the match; they participate in it. One chant starts in the corner, another picks up across the room, and suddenly the whole bar is singing in unison for a defender, a winger, or the club's newest star.

It's joyful. Tribal. Loud. Completely unlike anything in American sports culture.

So I decided to see what would happen if I asked ChatGPT to write a football song about me.

The result was better than it had any right to be.

🎶  🎶  🎶

He tells you the risk and the move you should make,
Then wins the damn case while plaintiffs pump their brakes.
From breweries to boardrooms they all sing his name:
OH, JON HYMAN, HE MAKES HR GREAT AGAIN!

🎶  🎶  🎶

Come on you Gunners!!!

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

When employers gamble on bad facts, they usually lose

How does a case like this ever get to trial?

That was my first thought after reading Griffin v. Copper Cellar Corp.

Rose Griffin worked as a cook at a Tennessee restaurant. According to the 6th Circuit, one coworker repeatedly grabbed her breasts, arranged food at her workstation to look like an ejaculating penis, told her he wanted to have sex with her, pushed her down onto a prep station while thrusting against her, and stuck his hands down his pants while massaging himself in front of her.

This was not subtle workplace misconduct. It was repeated, physical sexual harassment.

The 11th Circuit just lowered the bar on racial harassment

A noose. A blackface doll. Hung at a Black employee's desk.

If you're thinking, "that's a textbook hostile work environment," congratulations—you have better instincts than the 11th Circuit.

In Nevins v. DCH Health Systems, the court acknowledged exactly what happened: an unknown employee hung a blackface doll by a noose in the plaintiff's workspace. The panel even called it what it is—"repugnant and racially hostile."

And then it shrugged.

Is paid family and medical leave finally coming to Ohio?

Ohio just took another swing at paid family and medical leave. This one might matter.

On April 23, Senators Beth Liston (D) and Louis Blessing (R) introduced SB 396—a bipartisan bill that would create a statewide paid leave insurance program run by ODJFS. It's early. No hearings yet. But bipartisan sponsorship gives this version more legs than prior attempts.

Here's the gist.

WIRTW #797: the 'compliment' edition

What is the best professional compliment you can get?

For me, it's this: "You don't sound like a lawyer."

I hear this often. And every time, I take it as a win.

Because when someone says that, what they're really saying is this: you're clear. You're direct. You're understandable. You're not hiding behind jargon, hedging every sentence, or turning a simple idea into an explanation that we can't understand or a 500-word paragraph.

In other words, you're communicating.

Too many lawyers confuse complexity with intelligence. They speak and write like they're being graded by a law professor instead of heard or read by a business owner. They default to legalese because it feels safe. Precise. Familiar.

It's a massive barrier.

Clients don't hire lawyers to sound like lawyers. They hire us to solve problems, explain risk, and help them make decisions. None of that requires Latin phrases or sentences that run on for half a page.

In fact, the opposite is true. The more complicated the issue, the more valuable plain English becomes.

If your client has to read your email twice to understand it, you've already lost ground. If they have to ask you to explain in "plain English," you've already lost them. If they forward it to someone else (or an AI) with "Can you translate this?" you've missed the mark entirely.

Clarity isn't dumbing things down. It's doing the hard work of making the complex accessible. It's knowing your subject well enough to explain it simply.

That's my job.

So no, I don't want to "sound like a lawyer." I want to sound like someone my clients can understand.

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

The 5th nominee for the Worst Employer of 2026 is … The Caucasian Chooser

Dimerco Express USA didn't hide it. They didn't bury it in coded language. They didn't even pretend it was anything else.

They wanted to hire white employees—and they acted on it.

That directive came from the top. The company’s president pushed for "Caucasian" sales hires because he believed that’s who would best attract business. HR was expected to follow that lead. Recruiting reflected it. Internal materials reflected it. Candidate decisions reflected it.

And when someone inside the company raised the obvious issue—this is illegal discrimination—the response wasn't to stop.

It was to be more careful about saying it out loud.