Tuesday, January 6, 2026

The question isn't whether your employees are using AI at work (they are), but whether you're prepared for it


Employees using AI at work will be the workplace issue of 2026.

Not remote work.
Not noncompetes.
Not DEI.

AI.

Because employees are already using it — to draft emails, summarize documents, create work product, prepare presentations, and even help with performance reviews — whether employers have approved it or not.

And most companies are completely unprepared.

Monday, January 5, 2026

A tale of two (alleged) sexual assaults


A popular Cleveland restaurant and a popular Charlotte brewery chose very different paths after their owners were accused of sex-based crimes.

After rape charges were filed against the owner of Cleveland's TownHall, the owner's response was to fight—attack the prosecution, question the process, threaten legal action, and keep operating as usual. The framing was unmistakable: this was a legal fight, not a business crisis.

In contrast, after the owner of Charlotte's Sycamore Brewing was charged with raping a 13-year-old child, the response went the other direction. Leadership changed. The owner was removed. Divestment was announced.

And this week, Sycamore went further. Its taproom will close beginning today—not because the business committed any wrongdoing, but to allow for community healing and reflection. The current owner publicly expressed concern for the alleged victim, confirmed the complete removal of her former partner from the business, and made clear that Sycamore's future must align with the values of the community it serves.

Tuesday, December 23, 2025

'Twas the Employment Law Night Before Christmas (2025 edition)


In what has become an annual tradition for my final post of the year, I present the holiday classic, 'Twas the Employment Law Night Before Christmas … tweaked and updated for 2025.

To all of my readers, connections, and followers, new and legacy, thank you all for reading, commenting, and sharing throughout the year. Please have a happy and, most importantly, healthy and safe holiday season.

I'll see everyone on January 5, 2026, with new content to kick off the new year, including a fresh batch of Worst Employer nominees.

*  *  *

Friday, December 19, 2025

WIRTW #784: the 'white male' edition


Something has gone sideways when the Chair of the EEOC is publicly urging white men to file discrimination charges.

Yes, I said it that bluntly, because sometimes clarity matters more than politeness.

Let's start with the part Andrea Lucas and her supporters rush to say first: Title VII protects all employees. Race is race. Sex is sex. Discrimination is discrimination. That has always been true.

But that's not the real question. And pretending it is avoids the harder, more important one.

The real question is why Congress passed Title VII in the first place. It wasn't because lawmakers worried white men might someday struggle for professional opportunity. It was passed because entire groups of people, especially Blacks and women, were systematically locked out of jobs, promotions, and whole industries. Not subtly. Not accidentally. By design.

Title VII was a civil rights law aimed at expanding opportunity for the historically marginalized and dismantling a labor market built on exclusion. That context matters. A lot.

So, when the head of the nation's civil rights enforcement agency makes public pleas for white men to file discrimination charges, she isn't just reciting a legal truism. She's making a strategic and moral choice about the purpose of civil-rights enforcement.

That choice is backwards.

This isn't about whether white men can be discriminated against. They can. The law already covers them. Courts already hear their cases. No special encouragement campaign is required.

What's troubling is the suggestion that "anti-white" or "anti-male" discrimination deserves priority attention, at a time when discrimination against marginalized groups is more subtle, more coded, and harder to prove than ever. Bias today rarely announces itself. It shows up as "not a fit," "not leadership material," "not polished," or "lacking presence." The people most insulated from those vague, subjective assessments remain the people most likely to be presumed competent and neutral on arrival.

The EEOC Chair's solicitation of white men isn't a message of neutrality. It's a reframing of civil rights enforcement.

Her shift has consequences. Employers don't become fairer in response to this rhetoric; they become more cautious and more defensive. As a result, they make "safe" hiring choices. Historically, those choices are familiar ones, which is how old inequities quietly reassert themselves.

If an employer excludes someone because they're white or male, enforce the law. Period. But publicly encouraging white men to file charges misreads purpose, history, and present reality.

The EEOC was created to open doors that had been nailed shut for generations. It was not created to reassure the historically powerful that losing exclusive access feels unfair.

Civil rights enforcement should be about expanding opportunity—not manufacturing grievance.

And the moment we forget that is the moment we stop protecting civil rights at all.



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



Test

Thursday, December 18, 2025

"We can't do that" is not an ADA interactive process. Or is it?


The 6th Circuit just handed employers a clear win in Bowles v. Chicken Salad Chick. The court held that a fast-casual restaurant did not have to accommodate a cashier/service employee who requested to sit for five minutes after every ten minutes of standing. That request would have eliminated essential job functions and fundamentally changed the job.

The Sixth Circuit held that an employer cannot be liable for failing to engage in the ADA interactive process where the employee's requested accommodation is unreasonable as a matter of law, because an interactive-process claim presupposes the existence of a viable reasonable accommodation.

Tuesday, December 16, 2025

The Worst Employer of 2025 is… πŸ₯


After a year of collecting 12 nominees and then letting you all decide from the final seven via ranked-choice voting, we didn't even need a second round. The votes were that decisive and the result was never in doubt.

πŸ† Worst Employer of 2025
The New Jersey Organ and Tissue Sharing Network 

Monday, December 15, 2025

Five things to consider in a difficult termination


Today is your final day to VOTE for the Worst Employer of 2025


One of my recurring professional nightmares is advising a client on a termination that goes badly.

Not "this ends in a lawsuit" badly—but catastrophically badly. The kind that devolves into workplace violence, an active shooter situation, or some other despicable act that no one saw coming but everyone later says should have been anticipated.

That fear drives my mantra with clients: you can never be too careful. If there's even a whiff that something could go sideways—emotional volatility, erratic behavior, mental health concerns, escalating conduct—you take reasonable steps to make sure it doesn't. You plan. You slow down. You involve the right people. You treat the termination not as an HR task, but as a safety event.

Which brings me to former Michigan head football coach Sherrone Moore.