Wednesday, August 30, 2017

The 17th nominee for the “worst employer of 2017” is … the square non-sparer


A female public relations exec is suing her former employer for sex discrimination. Her claim—that her male bosses limited her access to toilet paper the bathroom because, as a female, she used more than her male counterparts, and was fired after she complained about the discrimination.

Tuesday, August 29, 2017

An attendance love story


14 years ago today, my wife and I married.

The ceremony started at 11 am, and by 10:55 I was nervous. Not your normal, “I’m about to get married,” nervous, but the, “What the hell, we start in 5 minutes and my bride-to-be isn’t here yet” nervous. It was 2003, before the prevalence of iPhones. Without a cell phone on me, I just had to take it on faith that Colleen was on her way. Nevertheless, I was most definitely jittery.

Monday, August 28, 2017

Letter to employees during EEOC investigation may violate discrimination laws


Suppose an employee files an EEOC charge of discrimination against you. And, further suppose that during the investigation, you receive a request from the agency for the name and contact information for all similarly situated employees. You correctly assume at the EEOC may use the information to contact your employees for investigatory interviews.

Do you—
  1. Allow the EEOC process to proceed; or
  2. Inform your employees of the nature of the charge, the EEOC investigation, that the EEOC may contact them, and that their participation would be 100 percent voluntary?
If you choose option “2”, you may have violated federal discrimination laws, at least according to a Connecticut federal judge.

Friday, August 25, 2017

WIRTW #473 (the “sweet children” edition)


Last week I offered by eight-word meaning of life: Be kind to others and do good things.

Today, I further offer “Corollary One” to said meaning of life: And do all you do with joy.

Earlier this week, I took my family to see Green Day (easily the best arena concert I’ve ever attended). Yet, as good as Green Day was (and they really were that good), my personal highlight was looking right to bear witness to how much pure fun Norah was having. This is what pure joy looks like.

A post shared by Jon Hyman (@jonhyman) on

Here’s what I read this week:

Thursday, August 24, 2017

The 16th nominee for the “worst employer of 2017” is … the rapid retaliator


The EEOC has sued an Atlanta cemetery company for firing an employee the day after the agency interviewed her as part of an on-going investigation.

Wednesday, August 23, 2017

NLRB offers rare win for employer confidentiality policy


It’s been a rough few years for workplace policies at the NLRB. From communication policies, to social media policies, to conduct policies, to confidentiality policies, the NLRB has, time and again, struck down facially neutral, garden variety employer policies as overly restrictive of employees’ section 7 rights to engage in protected concerted activity under the National Labor Relations Act.

Employer wins on this issue have been few and far between. As a result, when we get a win, it’s reason to celebrate. Well, employers, pop those champagne corks, because earlier this week, in Macy’s, Inc. [pdf], we received just such a win.

Tuesday, August 22, 2017

The 15th nominee for the “worst employer of 2017” is … the one-day leave denier


According to a lawsuit the EEOC recently filed against Macy’s, Inc., the retailer allegedly violated the ADA by firing an employee instead of granting her a one-day absence for a medical emergency.