Tuesday, August 5, 2025

🚨 You can't ask that: Disability questions in hiring 🚨


Yesterday, a commenter noted on LinkedIn that many individuals with disabilities suffer in silence at work because they're afraid to disclose their disability during the hiring process—worried it might get them screened out. "There are dueling incentives for claiming or not claiming a disability, and the pendulum has swung hard towards staying as masked as possible if you don't want to end up in application purgatory," he wrote.

I wholeheartedly disagree. It is 100% illegal to ask an applicant this question in a job interview: "Do you have any medical conditions we should know about?" It's a per se ADA violation and a lawsuit waiting to happen.

Monday, August 4, 2025

Just because an employee says he has a disability doesn't mean he actually does


The University of Nebraska fired James Trambly, an IT support specialist, for violating university policy by removing a hard drive from a university-owned computer without authorization. The termination followed a year of documented performance issues—poor communication, overstepping into colleagues' work, visible frustration, interrupting clients, and spending excessive time on service calls.

After his termination, Trambly sued for disability discrimination and retaliation, claiming the university was aware of his "mental impairment": attention deficit/hyperactivity disorder (ADHD).

Friday, August 1, 2025

WIRTW #767: the 'cerveja' edition


When part of your business involves providing legal representation to craft breweries, even vacation means finding a beer garden where you can sit, relax, and sample the local brews.

Saúde to Letaria, a craft brewery tucked inside Óbidos, Portugal—a 12th-century walled town that feels straight out of a fairytale. The beer was excellent, and the quiet beer garden offered the perfect escape from the bustle of a crowded summer weekend in this popular tourist hub.


If you ever find yourself there, don't skip the ginja, a sour cherry liqueur served in chocolate cups and sold all over town. It's as fun as it is delicious.



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

Thursday, July 31, 2025

Breaking down the proper way to handle an extended medical leave of absence


I spend a lot of time calling out employers who mishandle workplace issues. Today, I'm highlighting one that got it right.

Leanna Coffman was a Nexstar Media employee who suffered serious pregnancy-related complications and took 12 weeks of FMLA leave after giving birth. When her FMLA leave expired, Nexstar continued to provide support—giving her months of additional time off and approving her short-term disability benefits.

But when she still couldn't return to work six months after going out on leave, and also couldn't provide a clear return date, Nexstar made the difficult decision to terminate her.

So she sued for discrimination and FMLA retaliation. She lost on all counts. Why? Because Nexstar handled this situation correctly. They followed the law, communicated clearly, documented their decisions, and gave Coffman much more than the law required.

Wednesday, July 30, 2025

The Feds say that proselytizing at work is okay, but it shouldn't be


"The power of Christ compels you!" … could soon be coming to a workplace near you.

The Trump administration has issued new guidance allowing federal employees to display religious items at their desks, pray in groups off the clock, and even try to convert their coworkers.

You read that right. Government employees can now "attempt to persuade others of the correctness of their own religious views" and "encourage their coworkers to participate in religious expressions of faith, such as prayer, to the same extent that they would be permitted to encourage coworkers participate in other personal activities," so long as it's not "harassing in nature."

Tuesday, July 22, 2025

The 6 hard truths of litigation


I pay my mortgage and my kids' school tuition thanks to how long lawsuits take and how expensive they are.

Still, we need to have a frank conversation about exactly that: how long lawsuits take, and how much they cost.

Xerox just ended a 13-year legal saga with a $9.1 million settlement to a class of 5,700 call center employees. The lawsuit challenged the company's Achievement-Based Compensation plan, which paid employees by task and offered bonuses to meet minimum wage thresholds—but didn't cover time spent logging in, waiting between calls, or doing other required non-task work.

Think about that. Years of disruption. Thousands of work hours lost to discovery, motions, depositions, hearings, and appeals. Millions in legal fees. All to land on a settlement that isn't remotely material to a $7 billion company.

Friday, July 18, 2025

WIRTW #766: the 'empathy' edition


Forty years ago this week, the world came together. On July 13, 1985, Live Aid united millions across borders—not out of politics, but out of compassion. No cynicism. No culture wars. Just humanity responding to suffering.

Can you imagine that happening today?

In a time when empathy is mocked as weakness and "America First" is used to justify indifference, we need to remember what real leadership—and real decency—looks like.

Over at my Substack, I share what Live Aid teaches us about the power of compassion—and why rediscovering it may be our best hope against rising authoritarianism.



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