Religious "purity tests" are a Title VII accommodation no-no

"Are you really that religious?" is the wrong question for any employer to ask of an employee seeking a religious accommodation.

The 6th Circuit just handed down a decision in Bilyeu v. UT-Battelle that should serve as a warning to any employer tempted to test the "sincerity" of an employee’s religious belief.

Let's count the ways Pete Hegseth's speech would get your company sued

If Pete Hegseth were your CEO, I'd be drafting your EEOC position statement tomorrow.

You're not running the Department of War (née Defense), and your employees aren't soldiers. If you think, however, Hegseth's speech yesterday is a model for shaping culture in your workplace, here's a lawyer's caution: his words are an employment-law nightmare.

The 10th nominee for The Worst Employer of 2025 is … The Corpse-Concealing Taskmaster

On Sunday, September 21, 43-year-old UPS driver Shelma Reyna Guerrero was crushed to death inside a cargo trailer at a company facility. According to police, she was loading packages alone when a malfunctioning conveyor caused an avalanche of parcels to fall on her. A co-worker discovered her injured body, but by the time emergency responders arrived, she was already gone.

Her coworkers remembered her as warm, kind, and joyful: "She was so friendly, had a beautiful smile … it was so infectious."

UPS compounded the heartbreak of this preventable death with its response. Workers report that the company shut operations down for only two hours before restarting both shifts — while Shelma's body was still in the building. Some employees said management even covered her body with "sort bags" so coworkers wouldn't have to see the body bag encasing her remains.

Monkey see; monkey not do

Chalk one up to common-sense — the 6th Circuit just held that the word "monkey," when directed at a Black employee, constitutes a racially hostile work environment.

In Smith & Sneed v. P.A.M. Transport, the court reversed summary judgment for the employer and sent the case to trial.

WIRTW #774: the 'daughter' edition

Yesterday was National Daughters Day, not to be confused with National Transfer Money to Your Daughter's Account Day (Oct. 6), International Daughters' Day (Sept. 28), Father-Daughter Day (Oct. 12), or National Son and Daughter Day (also Sept. 28).

I happen to host a podcast with my daughter — The Norah and Dad Show. We just released our 55th episode, covering our recent visit during Parents Weekend at her university. We discuss: dining, shopping, soccer, and an absolutely awful homecoming football game, the difference between "speech pathology" and "speech therapy," the meaning of community service, and why I canceled our Hulu subscription.

Here's a quick clip to whet your appetite.

You'll find the full episode on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, on our website, or through your favorite podcast app. And if you enjoy it, please like, review, and subscribe—it really helps us grow!

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

The 9th nominee for The Worst Employer of 2025 is … The Malignant Museum

De'Mario Grant thought he'd landed his dream job in security at the de Young Museum, following his grandfather's footsteps. Instead, he got backbreaking 16-hour shifts, chronic pain, HR doubting his medical leave, and managers whispering behind his back. He sued and won, and yet management kept right on retaliating against him until they finally fired him.

What does a $100,000 H-1B visa fee mean for American businesses?

Donald Trump's recent Proclamation raises the fee for foreign nationals seeking entry into the U.S. on an H-1B to $100,000. 

[T]he entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA ... is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.

This restriction lasts at least 12 months, with only narrow "national interest" exceptions.