Articles by Jon Hyman

When Workplace Training Goes Very, Very Wrong
An Indiana school district had a different way to train its employees to prepare for an active shooter.

Lawsuit Highlights the Risk of Unpaid Training Time
This issue is even more important in today’s tight economy.

Free Speech, Social Media and Your Job
The First Amendment right to free speech grants private-sector employees zero constitutional rights or protections.

Don’t Forget Leaves of Absence as ADA Accommodation
Blogger Jon Hyman has written before about the need to put the human back in human resources. The EEOC apparently agrees with him.

Get in the Zone … the Racial Bias Zone?
Title VII should not permit an employer to Plessy v. Ferguson its workforce for any reason.

Is Hiring for Digital Natives Age Discrimination?
According to Fortune.com, some companies have begun using this term as a hiring criteria in job postings.
Supreme Court’s Mach Mining v. EEOC Ruling Is a Narrow Win for Employers
Mach Mining LLC v. EEOC sends a strong message that courts favor resolution, not litigation.

LGBT Rules for Federal Contractors Now in Effect
The president made an executive order prohibiting discrimination based on sexual orientation and gender identity last year.

A Fear of Clowns and a Lesson on the ADA
Even if coulrophobia is an ADA-protected disability, that's only half of the equation to determine whether the ADA offers job protections to an individual with a disability.

‘Honest Belief’ Isn’t a Defense to an FMLA Claim, Says Federal Court
An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.

The Difference Between Sexual Discrimination and Sexual Favoritism
What is the difference between sexual discrimination and sexual favoritism? The former is illegal, while the latter isn’t.

A Diverse Workforce is the Best Defense for a Discrimination Claim
What’s the best defense to a discrimination claim? Hire others in the same protected group.

Cop Loses Big ADA Verdict on a Finding of No Disability
Since Congress expanded the definition of 'disability' in 2009, conventional wisdom has said that most medical conditions will qualify for protection under the ADA. This case sets the bounds of the exception.

Customer Preference and Race Discrimination: When the Customer Isn’t Right
The customer can never choose the race of the person working for you. The customer might be right about a lot things, but discrimination is not one of them.

EEOC Issues Enforcement Guidance, Q&A, and Fact Sheet on Pregnancy Discrimination
All three documents are required reading for any employers with female employees of child-bearing age.