Defending the "kitchen sink" discrimination lawsuit

Arnett Moore, a 51-year-old Baptist Black man, worked as a Division Manager for Avon. When Avon restructured, the company compared the performance of division managers in the region. Moore's numbers came in last. The decision-makers documented the process, applied objective sales data, and had multiple levels of approval. As a result, Avon fired Moore.

Moore then sued. First, he said Avon discriminated against him because of his disability or perceived disability Then he added sex. Then age. Then, race. And even religion. In the end, his complaint alleged six different forms of discrimination.

WIRTW #769: the 'slavery' edition

Donald Trump wants to make slavery great again.

In a rant on Truth Social, he fumed: "The Smithsonian is OUT OF CONTROL, where everything discussed is how horrible our Country is, how bad Slavery was… We are not going to allow this to happen.… This Country cannot be WOKE, because WOKE IS BROKE."

I can't believe I have to write this, but yes, slavery really was THAT BAD. Worse than bad. It was a centuries-long system of forced labor, racial terrorism, family separation, rape, murder, and dehumanization. It was chattel slavery—the commodification of human beings—on a scale unmatched in the Western world. It was, without exaggeration, the greatest moral stain on American history. Saying otherwise only displays your ignorance and bigotry.

Read the rest of this post at my Authoritarian Alarm Substack. (And while you're there, don't forget to subscribe.)

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

🚨 The Fifth Circuit Just Took Aim at the NLRB – And Potentially Every Federal Agency 🚨

This week, the Fifth Circuit handed down a decision in SpaceX v. NLRB that could fundamentally alter how federal labor law—and much of the administrative state—functions.

The court upheld injunctions blocking NLRB enforcement proceedings, ruling that the Board’s structure is likely unconstitutional because its members and administrative law judges are insulated from at-will removal by the President.

The 8th nominee for The Worst Employer of 2025 is … The Gender Corroborator

Policies on paper don't protect people. Training does. And this Buffalo Wild Wings location failed… spectacularly.

In April, 18-year-old Gerika Mudra went to dinner with a friend. When she went to the women's restroom, a server followed her in, banged on the stall door, and shouted: "This is a women's restroom. The man needs to get out of here."

Gerika—who is a biracial lesbian, not transgender—came out and said, "I am a lady." Instead of apologizing, the server doubled down: "You have to get out now." Feeling she had no other way to be believed, Gerika unzipped her hoodie to show she had breasts. Only then did the server leave. She has now filed a charge of discrimination against the restaurant

Your contracts are a culture test

Contracts are a culture test. This winery failed.

This summer, my daughter, a singer/songwriter, had a contract to perform four gigs at a local winery. She played the first three. Then, the winery's GM emailed her to say they were "going in a different direction" with their music and her "vibe no longer fit." He canceled her fourth gig.

Here's the problem: The contract (their contract; they proposed it and drafted it) only allowed them to cancel for "unforeseen circumstances." Changing the "vibe" plainly doesn't qualify. She politely pointed that out in an email response and asked when to expect payment. Crickets. For over a week.

Appeal court guts protections against customer harassment

Thanks to the 6th Circuit, customer-facing employees are now a whole lot less safe at work.

Dorothy Bivens worked as a sales rep for Zep, Inc. A few months into the job, she visited a motel client. The client's manager locked his office door, asked her out twice, and only let her leave when she said no. She reported it to her supervisor, who reassigned the account so she'd never have to see that customer again. A short time later, Zep cut her position in a COVID-era reduction in force. She then sued for hostile work environment, retaliation, and race discrimination.

The 6th Circuit just tossed all her claims. The retaliation and race claims fell apart for lack of proof the decision-makers knew about her complaint or targeted her for her race. But the headline here is the harassment claim.

When your supervisor flips to Team Union…

Rising Star Coffee Roasters is in the middle of a full-blown labor meltdown—protests, police, firings, a closed store. And right in the thick of it? At least one supervisor who decided to stand shoulder-to-shoulder with the employees attempting to unionize.

That's not just awkward; it's dangerous for an employer. But the employer isn't without remedies. They just have to exercise them with care.

Under the NLRA, supervisors aren't covered “employees” and have zero legal protection to engage in union activity. You can discipline or terminate them for it, as long as you're not punishing rank-and-file employees in the process. The law sees them as management. When they cross the line, they're not "organizing," they're undermining the company from inside the chain of command.