WIRTW #743: the 'snowball at Santa' edition

If your employee is caught in a viral video calling an opposing fan the "c-word" at a football game, should he lose his job? Does it make a difference if your company is in the business of DEI consulting?

This story just played out following the Eagles playoff win over the Packers last weekend.

Ryan Caldwell, an employee at BCT Partners—a firm specializing in DEI—was captured on video during the game directing the vulgar and misogynistic insults toward a female Packers fan. The video quickly went viral to the tune of more than 31 million views. The public backlash was significant and swift.

The Eagles organization responded by banning Caldwell from their stadium for life. BCT Partners conducted an internal investigation and terminated Caldwell's employment, stating that his behavior was "vile, disgusting, unacceptable, and horrific," and stood in direct opposition to the company's core values of respect, dignity, and inclusion. Caldwell then issued a public apology, but added that the video "does not reflect the full context of what transpired," and that his actions "were not without provocation."

This incident serves as a stark reminder of the importance of aligning employees' behavior with a company's values, both on and off the clock. By proactively addressing these issues in real time, employers can mitigate risks, uphold their reputations, and foster a positive workplace culture that reflects their mission and values.

Three more points to make:

1. This is not a free speech issue. Private-sector employees have zero free speech rights in the workplace in this context. Regardless, freedom of speech does not equal freedom from consequences.

2. It is irrelevant whether this employee works for a DEI firm or any other company. His behavior was abhorrent, could damage the company's reputation, and is grounds for termination. The identity of his employer is just the ironic icing on the cake.

3. The employee's apology rings quite hollow. I don't care about the "context" of what happened or how he was "provoked." If you respond to provocation by calling a woman that awful word, that's who you are, period. And I certainly don't want you working for me.

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

SCOTUS eases burden of proof for employers in FLSA exemptions cases

Big news for employers: The Supreme Court just made it easier to defend against Fair Labor Standards Act exemption claims by employees.

In E.M.D. Sales v. Carrera, the Court unanimously ruled that employers only need to meet the preponderance of the evidence standard—not the heightened clear-and-convincing standard—when proving that an employee is exempt from the FLSA's overtime requirements.

An expensive lesson on pay-equity compliance

Mastercard has agreed to pay $26 million to settle allegations that it systematically underpaid thousands of female, Black, and Hispanic employees. The settlement resolves claims that the company underpaid 7,500 female, Black, and Hispanic workers compared to their male and white counterparts for performing the same or similar work.

As this case illustrates, allegations of systemic pay discrimination hit hard—financially and reputationally. As an employer, you can and should take steps to ensure fair pay practices. Not only because it's the right thing to do, but because it's critical to avoid costly lawsuits and foster a workplace of trust and respect.

This is how NOT to respond to employee complaints

JP Morgan is making waves with its decision to bring employees back to the office five days a week starting in March. But what's making even more waves is its reported crackdown on employee communication about this decision on the company intranet.

Let's talk about why that's problematic from both a legal and practical standpoint:

ADA covers more than those who are limited in their ability to work

What happens when an employer ignores the definition of "disability" under the ADA? A lawsuit—and a lesson in what not to do. A recent 6th Circuit decision highlights how important it is to get the definition right—and why denying a reasonable accommodation like a job transfer can land you in legal trouble.

WIRTW #742: the 'london calling' edition

"What do think about going to see an Arsenal match for Christmas?" That question—which my wife posed to me over a glass of wine a couple of months ago—birthed our 2024 Christmas holiday.

I work so that I can afford to travel. It's what feeds and restores my soul. The world is so vast and so interesting, and I want to see and experience it all. The five days we just spent in as a family in London was exactly what my soul needed.

Here are my top five highlights.

     1. Arsenal. If you're a sports fan and have never experienced a Premier League match live, you're missing out. The stadium was electric from start to finish. Bonus points for an Arsenal 1-0 win. Double bonus points for witnesses a proper British argument between Arsenal and Ipswich fans on the walk back to the Tube following the match. ("Have fun playing Swansea next year!") Triple bonus points for Donovan's first cider.

     2. Ted Lasso Tour of Richmond. This was a pilgrimage for us. It was so cool to see the famous sites from the show, including Ted's apartment door, the Ted/Beard bench, and the pub. Bonus points for lunch at the "Ted Table" in the pub following the tour.

     3. Afternoon Tea at the Goring. The poshest of posh. Also, a perfect way to celebrate my wife's birthday. Bonus point for their offering of gluten-free service for my Celiac son, which was identical to our full-gluten service.

     4. The Holiday Lights. London is beautifully festive for the Christmas holiday. We soaked in as much as we could through the massive crowds. Bonus points for Norah picking up a busker's tambourine and jamming along for a song. Double bonus points for stumbling across what has to have been the worst Christmas display in London.

     5. Watching the Peter Pan Cup. It's a 100-yard swimming race held in Hyde Park every Christmas morning since 1864. It was a wonderfully local way to spend our post-arrival Christmas morning while we waited for our hotel room to be ready. Bonus points for our morning stroll through Hyde Park and Kensington Gardens with many Londoners and their dogs.

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

The "R-word" is making a comeback

According to Rolling Stone magazine, the "R-word" is making a comeback as part of a hard-right online trend using it to slander those who do not agree with their politics.

The resurgence of the "R-word" as a slur is more than offensive—it's harmful. It perpetuates stigma, dehumanization, and exclusion, particularly for individuals with intellectual and developmental disabilities.

This isn't about ignorance. Everyone knows why that word is ugly. Its recent resurgence in mainstream discourse, fueled by social media and some high-profile offenders, is a deliberate attempt to provoke and devalue. It's not just juvenile name-calling; it's a message—one that says some people are less deserving of respect, dignity, or a voice.