Teenage football phenom Lamine Yamal made headlines for all the wrong reasons this weekend. At his 18th birthday party, he allegedly hired people with dwarfism as entertainment, prompting widespread public backlash and legal complaints from disability rights organizations. The accusation: dehumanizing behavior that treats the disabled as props for amusement is discriminatory and undermines basic
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WIRTW #765: the ‘It’s a Bird… It’s a Plane…’ edition
Superman is an undocumented immigrant who punches Nazis. And if that makes him “woke,” then maybe we need more woke heroes.
MAGAworld is melting down over James Gunn’s Superman reboot because Gunn says that its a story about “immigrants and basic human kindness.” Kellyanne Conway called it a woke lecture. Jesse Watters said his…
Apple takes a bite of the NLRB in 5th Circuit ruling
In the workplace, not all questions are coercive and not all policy enforcements are discriminatory.
Case in point: Apple v. NLRB, in which the 5th Circuit just handed the tech giant a full reversal, rejecting findings by the Board that the company violated the NLRA by:
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Yes, you can be fired for what you say outside of work… especially when it’s hateful.
In Darlingh v. Maddaleni, the Seventh Circuit just upheld the firing of a school counselor who gave a profanity-laced anti-trans tirade at a public rally. She promised “not a single” student under her watch would “ever, ever transition,” and made sure to identify herself as a Milwaukee Public Schools employee while doing it.
She…
You want to avoid a labor union in your business? Then don’t do this.
Two pediatricians at Cleveland’s University Hospitals used an internal physician directory to contact colleagues about forming a union. In response, they say that UH disciplined them for trying to unionize. They’ve filed unfair labor practice charges with the NLRB.
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WIRTW #764: the ‘substack’ edition
For the past 18+ years, I’ve written about the intersection of law, policy, and the American workplace. But more and more, the news I feel compelled to cover—and the commentary I’m driven to write—has expanded far beyond employment law and HR drama.
Because the truth
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I want my records back, records back, records back
When you destroy the evidence that could justify a termination, don’t be surprised when a court refuses to take your side. That’s the message from the 6th Circuit’s recent decision in Kean v. Brinker International, Inc., where a 59-year-old general manager of a Chili’s, owned and operated by Brinker International, was fired despite running…
WIRTW #763: the ‘shiny and new’ edition
I am excited to share that Wickens Herzer Panza has officially launched a completely redesigned website.
Our goal was simple: make it faster and easier to find our insights, resources, and people—while showcasing our depth and agility.
Our new site features a clean, modern design, along with refreshed and
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🚨 SCOTUS refused to extend Bostock—but it also didn’t gut it. That matters, a lot.
Yesterday, in U.S. v. Skrmetti, the Supreme Court held that states can constitutionally prohibit puberty blockers and hormone therapy for transgender teenagers, rejecting a Equal Protection challenge to the law. It’s a dangerous decision. Because of the votes of six Supreme Court justices, many children will suffer and some will even die.
The Court…
When immigration policy change overnight…
What’s an employer supposed to do when immigration policy shifts overnight?
That’s the question employers across the country are now facing. More than 500,000 immigrant workers—who entered the U.S. legally under a humanitarian parole program—were recently told to leave their jobs and “self-deport” after the Department of Homeland Security abruptly ended the program.
The…









