No matter what the producers of #Hamilton tell you, race is never a BFOQ

True confession time. I am not a fan of Hamilton. I don’t get it. Never have, never will. I will probably go to my grave having never seen what people tell me is the greatest thing to come to Broadway in the last few decades. And I’m perfectly okay with that.

I say this as prologue to today’s thought, which discusses this ad (h/t HuffPost), in which the producers of the Broadway seek “NON-WHITE men and women, ages 20s to 30s, for Broadway and upcoming Tours!”

An employer need not read minds about reasonable accomodations

The ADA’s interactive process is a two-way street. For an employee to present a valid ADA claim, the employee must actively participate in the reasonable-accommodation discussion. The employee cannot simply provide the employer a doctor’s excuse and then turn a deaf ear to the employer’s offers to accommodate.

Case in point? Agee v. Mercedes-Benz U.S. Int’l. (11th Cir. 3/30/16).

WIRTW #406 (the “April Fools” edition)

Happy April Fool’s Day.

Here’s what I read this week.

Do you understand your state’s wiretap law?

Here’s one you don’t see everyday. According to ESPN, the Los Angeles Lakers are peeved at one of their teammates, rookie D’Angelo Russell. So far, no big deal. That is, no big deal until you understand the cause of the rift. I’ll let ESPN take it from here.

Sources told ESPN.com that some teammates' trust in Russell is eroding after a video surfaced in the past week that shows Russell recording a private conversation between himself and teammate Nick Young. Young does not appear to realize he is being taped. The video, which is believed to have come to light last week via the Twitter account of a celebrity gossip site, shows Russell filming Young while asking questions about Young being with other women.

7 tips for employers, from your friendly neighborhood plaintiff lawyer

I found a blog post in which a plaintiff-side employment lawyer shared the 7 things employers don’t do, that they should be doing. The three that jumped off the page to me—

• “With every new potential client, I ask if they received a warning before being terminated. As soon as I hear ‘yes,’ it does slow us down in the march toward litigation.”

• “Juries expect some level of progressive discipline—they think it should be required.”

• “People don’t run to attorneys because they think they’ve got a great legal case. They come to see me because they’re angry about they way they were treated, especially on their way out.”

NLRB judge shoots down employee separation agreement as overly broad

Employers prefer finality when they pay an employee severance at the end of employment. One way employers sure up this finality is by obtaining a broad release of claims and covenant not to sue from the employee. But, that is not the only way. Employers use of variety of terms in separation agreements to try to ensure that the agreement is the last they will hear from the employee. That is, unless the employee runs to the NLRB, which seems to believe that there isn’t a policy that doesn’t violate the Board’s rules on protected concerted activity.

When schoolyard bullies become workplace bullies

This is Donovan.

He’s 7 years old. And he has Noonan Syndrome. Noonan Syndrome is genetic disorder caused by one of several genetic mutations. Donovan’s is of the PTPN11 gene. It is a multi-system disorder with an estimated prevalence of 1 in 1,000 – 2,500 births. In Donovan’s case, he has a bleeding (platelet function) disorder, a congenital heart defect (pulmonary valve stenosis), feeding and gastrointestinal issues (Celiac disease), ptosis of his right eye, small stature (for which he takes daily injections of growth hormones), and low-set ears.