What hiring and employment look like without DEI

What does a country without DEI look like? Some people say that's what they want. No more diversity, equity, and inclusion initiatives in hiring or the workplace. Just a pure "meritocracy."

So what does that actually look like?

The dos and don't of workplace AI policies

According to a recent BBC article, half of all workers use personal generative AI tools (like ChatGPT) at work—often without their employer's knowledge or permission. So the question isn't whether your employees are using AI—it's how to ensure they use it responsibly.

A well-crafted AI policy can help your business leverage AI's benefits while avoiding the legal, ethical, and operational risks that come with it. Here's a simple framework to help guide your workplace AI strategy:

We cannot simply oblish OSHA

"The Occupational Safety and Health Act of 1970 repealed. The Occupational Safety and Health Administration is abolished."

That's the full text of H.R. 86 — the Nullify Occupational Safety and Health Administration Act — with Representative Andy Biggs introduced in Congress late last week.

In support of his reckless and dangerous legislation, Biggs stated:

"OSHA's existence is yet another example of the federal government creating agencies to address issues that are more appropriately handled by state governments and private employers.… It's time that we fight back against the bloated federal government and eliminate agencies that never should have been established in the first place."

WIRTW #745: the 'biliterate' edition

Until this week, I thought being bilingual meant fluency in a second language—the ability to read, write, listen, and speak with ease. I was wrong. Someone who can do all of those things in two languages is actually biliterate. Being bilingual, on the other hand, simply means having the ability to speak in two languages.

I learned this distinction when the Ohio Wesleyan University Department of World Languages and Cultures certified my daughter as biliterate in French.

From the school's press release:

"Ohio Wesleyan University language students are now able to earn the Global Seal of Biliteracy, an internationally recognized micro-credential that enables them to verify their linguistic abilities when applying for jobs or graduate school. The university's Department of World Languages and Cultures began utilizing the third-party assessment this fall, with 19 students earning the 'functional fluency' biliteracy seal at the end of the semester. Andrea Colvin, Ph.D., chair of World Languages and Cultures, said students' earning the Global Seal of Biliteracy is 'a testament to their hard work, dedication, and passion for language learning.'"

Norah was one of eight students credentialed as biliterate in French. I don't know how many of those eight were also first-semester freshmen, but to be fair, she had 13 years of French education before starting college. All American schools should begin foreign language instruction in kindergarten—it's one of the greatest shortcomings of our education system.

Félicitations, Norah! Needless to say, I'm a very proud dad.

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

Microagressions as an adverse action

A "microaggression" is a subtle, often unintentional comment or action that conveys bias or discrimination against a marginalized group. For example, asking a person of color, "How did you get this job?" telling a colleague with an accent, "Your English is so good," or scheduling team-building activities at bars, knowing some employees don't drink for religious reasons.

In the right circumstances, however, microaggressions can also amount to an adverse action that supports a workplace retaliation claim.

Consider the recent case of Uchitel v. Solid Waste Services. 

Trump illegally guts the EEOC of its Democratic members

Remember last week when I told you that Trump would try to dismantle all of our federal workplace discrimination laws?

Well, the first shoe has just dropped—right on the EEOC’s neck.

Late yesterday, news broke that Trump fired two Democratic EEOC Commissioners, Jocelyn Samuels and Charlotte Burrows. This move leaves only two Commissioners on the five-member EEOC: Republican Andrea Lucas (whom Trump had previously named acting chair) and Democrat Kalpana Kotagal and no quorum. Without a quorum, the EEOC is now paralyzed—unable to issue rules, provide legal guidance, or direct staff to take key enforcement actions like pursuing litigation.

Missing time sheets doom employee's overtime claim

One of the most challenging tasks is proving a negative. Yet, this is precisely the problem employers face when defending wage-and-hour cases in which employees allege off-the-clock work. The employer argues that time records define the boundaries of the paid workday, while the employee contends they should be compensated for work performed outside of those clock-ins and clock-outs.

For example, consider Osborne v. JAB Management Services, a case recently decided by the 7th Circuit. Tara Osborne worked remotely as a technical support specialist for JAB, providing on-call support to its customers. As a salaried remote worker, she had the flexibility to design her own schedule. While she did not track any time worked over 40 hours per week, Osborne claimed she worked an average of 10 hours per day and 15 hours of overtime per week, including weekends.

The 7th Circuit affirmed the trial court's dismissal of Osborne's lawsuit for unpaid overtime.