Wednesday, May 27, 2026

"We'll look into it" is not a harassment response


An employee says a coworker sexually assaulted her at work.

Management says it will take the complaint seriously.

HR says it will be involved.

The employee says she is afraid to encounter the coworker again.

And then? According to a new lawsuit filed against the Atlanta Hawks and State Farm Arena, not nearly enough.

Tameika Hampton worked as an event security officer at State Farm Arena. She alleges that during an NBA YoungBoy concert, a coworker approached her from behind and pressed his genitals against her. Two days later, after a security captain noticed she appeared distressed, Hampton reported what had happened. The complaint says the report was escalated, she was told to submit it in writing, and management assured her that the matter would be taken seriously, HR would be involved, and her safety mattered.

Those are all the right words.

The lawsuit alleges the employer's actions did not match them.

Hampton claims she had to repeatedly follow up because HR did not timely communicate with her or schedule an interview. She alleges the interview did not occur until nearly a month later. Four days after that, the company allegedly closed the investigation, telling her the surveillance footage was too unclear to determine what happened. She also says the employer failed to give her clear safety protocols, failed to ensure she would not run into the accused coworker, and then scheduled them in a way that forced her to pass by him after a later shift, causing a panic attack.

And, according to the complaint, another female employee later accused the same coworker of similar conduct.

The defendants, of course, have not yet answered. These are allegations, not proven facts.

But the lesson for employers does not depend on how this case ultimately resolves.

When an employer learns of harassment, it owns the response.

Not the outcome. Not perfection. Not omniscience.

The response.

That means more than thanking the employee for coming forward and promising to investigate. It means acting immediately, communicating clearly, documenting thoroughly, and taking interim steps reasonably calculated to protect the complaining employee while the investigation runs its course.

In harassment cases, speed matters.

A delayed investigation is often no investigation at all. Memories fade. Video gets overwritten. Witnesses disappear. The complaining employee loses trust. And the accused employee remains in the workplace, creating ongoing risk to the complainant, other employees, and the business.

A prompt investigation does not mean a rushed or sloppy investigation. It means starting immediately. Identify witnesses. Preserve video. Lock down schedules. Review prior complaints. Check personnel files. Interview the complainant. Interview the accused. Interview anyone who may have seen or heard anything relevant. Follow the facts where they lead.

And tell the employee what is happening.

You do not need to share every detail. You should not promise a particular result. But silence is poison. "HR will be in touch" followed by weeks of nothing tells an employee that the company does not care, even if people behind the scenes are doing work.

Interim protection also matters.

An employer that receives a credible complaint of sexual touching cannot simply leave the parties to navigate the workplace on their own. Separate them. Adjust schedules. Change reporting lines. Provide escorts if needed. Clarify who the employee should contact if there is a problem. Make sure the complainant does not have to keep asking whether she will be safe walking to her car.

And be careful with the word "safe."

If you tell an employee, "You will not have to work with him," then make sure she does not have to work with him. If you tell her, "You will not be near him," then make sure she is not near him. Broken safety promises are litigation gasoline.

Employers also need to understand the legal standard. When the alleged harasser is a coworker, the employer is generally liable if it knew or should have known about the harassment and failed to take prompt and appropriate corrective action reasonably calculated to stop it.

That phrase, "reasonably calculated to stop it," is doing a lot of work.

It is not enough to check the box with an investigation. The response must be meaningful. If the accused remains employed, what guardrails are in place? If the evidence is inconclusive, what steps will prevent recurrence? If there are later similar complaints, will the employer reopen the investigation? If the complainant reports continued fear or trauma, how will the employer respond?

The law does not require employers to believe every complaint automatically. It does require them to take every complaint seriously.

That distinction matters.

Taking a complaint seriously means you do not prejudge it. You do not bury it. You do not slow-walk it. You do not make the complainant chase HR for updates. You do not treat unclear video as the end of the inquiry. You do not ignore scheduling realities. And you do not create a workplace in which the person who complained feels punished by having to manage her own safety.

Employers should have a harassment response playbook before the complaint arrives. It should include:
  1. Immediate intake and documentation.
  2. Preservation of evidence, including video, texts, emails, badge records, schedules, and prior complaints.
  3. Prompt identification of interim protective measures.
  4. A neutral investigator with authority and training.
  5. Regular communication with the complaining employee.
  6. A conclusion supported by facts, not vibes.
  7. Corrective action tied to the seriousness of the conduct and the risk of recurrence.
  8. Follow-up after the investigation closes.

The follow-up piece is often forgotten. It should not be.

After the investigation ends, ask whether the employee has experienced retaliation. Ask whether there have been further interactions. Confirm that protective measures are working. Make sure managers understand the boundaries. Then document all of it.

Harassment policies are only as good as the employer's willingness to enforce them when enforcement is uncomfortable.

Because when an employee reports sexual harassment, the employer has a choice.

It can treat the report like a compliance inconvenience. Or it can treat it like a workplace emergency that deserves urgency, care, and accountability.

Only one of those choices keeps employees safe and helps keep the employer out of court.

Tuesday, May 26, 2026

COVID-era remote work doesn't make telework a permanent ADA accommodation requirement


Remote work isn't the ADA accommodation silver bullet employees think it is.

The 5th Circuit just drove that point home in Hayes v. GStek, Inc., a case involving an Army contractor whose employee requested full-time remote work after being diagnosed with autism, depression, and social anxiety disorder.

And the court's message was unmistakable: just because a job could be performed remotely during COVID doesn't mean remote work is now a permanently reasonable accommodation under the ADA.

That distinction matters. A lot.

Wednesday, May 13, 2026

The 6th nominee for the Worst Employer of 2026 is … The Funeral Fragger


There are bad managers. There are clueless managers. And then there's this manager, who just entered the race for Worst Employer of 2026.

An employee's father dies. The employee takes two days of bereavement leave immediately after the death. Then comes the harder part: planning the funeral, coordinating family travel, handling legal matters, cleaning out a house, and grieving like an actual human being.

So naturally his boss asked him to "consider limiting" his time off and maybe "take the second week off later" because staffing would be tight.

Tuesday, May 12, 2026

Apparently, corporate America's commitment to working parents had conditions


The pandemic-era "golden age of employee benefits" is over.

At least, that's the message some employers are sending as companies like Deloitte and Zoom slash paid parental leave and other family-friendly benefits.

And make no mistake, employees are paying attention.

Monday, May 11, 2026

The EEOC just gave employers an (inadvertent) roadmap on how to legally implement a DEI program


The EEOC thinks it just filed a blockbuster anti-DEI lawsuit against The New York Times.

What it actually filed is a pretty good roadmap for how employers can pursue diversity lawfully.

That's the irony sitting at the center of the EEOC's new case against the Times. The agency claims the newspaper illegally passed over a white male editor for a deputy real estate editor position because the company wanted to increase the number of women and people of color in leadership.

The complaint is packed with the kinds of allegations you'd expect in 2026: Slack messages about diversity trends, references to "representation goals," DEI metrics in leadership reviews, and internal discussions about maintaining progress on newsroom diversity.

But if you actually read the complaint carefully — and not just the outrage-bait headlines — something else jumps off the page.

Most of what the EEOC describes is completely lawful.

Friday, May 8, 2026

WIRTW #798: the 'gunner' edition


I never expected to fall in love with English football in my 50s. Yet here we are.

A couple of years ago, I started following Arsenal FC. What began as casual curiosity turned into waking up early on weekends, structuring Saturdays around matches, and finding my way to our local Arsenal supporters' bar.

What's struck me most about Premier League culture isn't just the football. It's the songs.

Every player has one. Every meaningful moment has one. The supporters don’t just watch the match; they participate in it. One chant starts in the corner, another picks up across the room, and suddenly the whole bar is singing in unison for a defender, a winger, or the club's newest star.

It's joyful. Tribal. Loud. Completely unlike anything in American sports culture.

So I decided to see what would happen if I asked ChatGPT to write a football song about me.

The result was better than it had any right to be.

🎶  🎶  🎶

He tells you the risk and the move you should make,
Then wins the damn case while plaintiffs pump their brakes.
From breweries to boardrooms they all sing his name:
OH, JON HYMAN, HE MAKES HR GREAT AGAIN!

🎶  🎶  🎶

Come on you Gunners!!!


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

Thursday, May 7, 2026

When employers gamble on bad facts, they usually lose


How does a case like this ever get to trial?

That was my first thought after reading Griffin v. Copper Cellar Corp.

Rose Griffin worked as a cook at a Tennessee restaurant. According to the 6th Circuit, one coworker repeatedly grabbed her breasts, arranged food at her workstation to look like an ejaculating penis, told her he wanted to have sex with her, pushed her down onto a prep station while thrusting against her, and stuck his hands down his pants while massaging himself in front of her.

This was not subtle workplace misconduct. It was repeated, physical sexual harassment.