Feeling discriminated against is not the same as being discriminated against
An employee believes her boss treats her differently because of her race. She thinks she was intentionally excluded from a company photo bec...
A labor union retaliated against its own union employee. The irony writes itself.
By Jon Hyman
"Do as I say, not as I do." That may as well have been the management philosophy at United Food & Commercial Workers Local 7. ...
1 racial slur + 2 disciplinary actions = 0 Title-VII liability.
By Jon Hyman
The EEOC swung for the fences in a hostile work environment case against Sun Chemical Corp. It argued that the company should be liable not...
Hidden cameras, horrific conduct, and a critical Legal Distinction: Employers aren't automatically liable for every workplace bad act
By Jon Hyman
The allegations against a former engineering executive at The Pokémon Company International are horrifying. According to a newly filed class...
Temporary accommodations don't rewrite the job description
By Jon Hyman
One of the more persistent myths in ADA litigation that if an employer temporarily accommodates an employee in a certain way, it has forever...
Can you fire an employee for criticizing your DEI program on LinkedIn?
By Jon Hyman
"The company has allowed outright hate to proliferate." That's one of the statements that got John Richardson fired. Richardso...
WIRTW #805 (the 'travel' edition)
By Jon Hyman
"You and mom need to take a trip." That's what our kids told us in mid-June. Our son was headed to London for a three-week sum...
The 7th nominee for the Worst Employer of 2026 is … The Fatal Failure
By Jon Hyman
Some stories don't need a legal analysis. They need an indictment of management. This indictment places the City of Las Vegas as a nomin...
If paid medical leave is good enough for Mitch McConnell, it's good enough for every American worker
By Jon Hyman
Mitch McConnell has been absent from the Senate for more than six weeks following a serious fall. According to his office, he's recoveri...
The workplace is not a pulpit
By Jon Hyman
When employees come to work, they should never have to wonder whether the next email from the boss will contain a work assignment or a sermo...
Winning a disability discrimination claim doesn't necessarily win an ADA lawsuit
By Jon Hyman
Winning a disability discrimination claim doesn't necessarily win an ADA lawsuit. The 2nd Circuit's recent decision in Cangro v. Dep...
WIRTW #804: the 'crash on the barrelhead' edition
By Jon Hyman
Ryan Adams canceled his latest tour this week. His explanation? He's broke. Sick. Tired. Defeated. Maybe all of that is true. Touring i...
The ADA is a two-way street
By Jon Hyman
Once an employee requests an ADA accommodation, the employer has to give them exactly what they ask for… is NOT the law . In fact, it's...
A post-mortem on personal responsibility
By Jon Hyman
"Sure, I posted racist memes and comments on my public Facebook page while identifying myself as a Chicago firefighter. But firing me v...
The EEOC's Nike DEI investigation shows the difference between politics and Title VII
By Jon Hyman
How employers pursue diversity, equity, and inclusion matters far more than whether they pursue it. The EEOC's recent pursuit of Nike il...
A disability is not a license to harass
By Jon Hyman
Federal disability discrimination laws exist to ensure that people with disabilities are judged on their abilities—not their diagnoses. They...
WIRTW #803: the 'Tubthumping' edition
By Jon Hyman
🎶 I get knocked down, but I get up again… 🎶 Like just about everyone else of a certain age, I know every word to Tubthumping. It's one...
DEI is not a get-out-of-summary-judgment-free card — but it can become evidence of discrimination
By Jon Hyman
A white man gets fired. His employer has a DEI program. Therefore, the DEI program caused his termination. That argument has become increasi...
"Boys will be boys" is not a harassment defense
By Jon Hyman
The facts in Sharpe-Miller v. Walmart read less like a judicial opinion and more like an HR nightmare. An assistant store manager allegedly...
AI Isn't the Problem. Lazy Lawyering Is.
By Jon Hyman
Another day, another sanctions opinion involving a lawyer who filed AI-generated legal work product riddled with hallucinated cases. This ti...