Context, not "magic words," is what matters in judging reasonable accommodation requests, 6th Circuit says

"I'm struggling and need some time to get back to normal. Working 53 hours my first week back is hard for me physically."

That's what Mary Ellen Yannick, a bakery department manager at Kroger's, told Marli Schnepp, her store manager, within a week of Yannick's return from a four-month leave of absence following breast-cancer surgery.

In response, and instead of discussing with Yannick a reasonable accommodation, Schnepp told her that "business was business." If she couldn't hack it, Schnepp told her, she'd have to step down. That's exactly what Yannick did, transferring to a lesser position at another store. She also sued.

WIRTW #719: the 'pomp and circumstance' edition

Tomorrow, Norah, will graduate from high school. Earlier this week, we attended the Senior Brunch, an annual tradition at her school celebrating the graduating seniors. At the end of the ceremony, Norah took possession of her time capsule, a thoughtful project that the mom of one of her fellow classmates organized from kindergarten through 7th grade. That mom held on to them for 12 years. Now, Norah has it. 

That night, we sat around the kitchen table after dinner and opened each of the envelopes. Contained within the kindergarten envelope was a letter I wrote to future Norah for her high school graduation.

Here's what I wrote.

May 29, 2012

Dear Norah,

We've watched you grow so much as a person and as a student during your kindergarten year that I am not sure exactly who will be reading this letter 12 years from now. What I do know is that you will be the same loving, compassionate, empathetic, confident, smart person you are today, just with 12 added years of maturity.

I know that your mom and I will be proud of the young lady you will have become, and all that you will have accomplished as we prepare to send you off to college. I know that we will trust you to continue to make the good, wise decisions that have served you well to this point in your life. I know that whatever you do, and whatever choices you make, we will be proud of you and support you. And never forget that no matter what, you will always be our little girl.

Most of all, I want you to know that we love you very much and we are always here for you. Now go do great things, like you always do.

Love,

Daddy

The thing is, if I was writing that letter today it would say much of the same. 

Now excuse me while I go find a tissue. These "allergies" are murder on my eyes.

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

"Why would you want a man's job?" = big job interview no-no, says EEOC in lawsuit

"Why would you want a man's job?" Why do you want to take a job away from a man?"

Those interview questions are at the center of a lawsuit the EEOC filed against Waste Industries, a solid waste removal, recycling pickup, and landfill operation business.

The 6th nominee for the Worst Employer of 2024 is … the racist recruiter

"Only U.S. Born Citizens [white] … [Don’t share with candidates]."

That's the text of a job listing that an Arthur Grand Industries recruiter posted on Indeed.

WIRTW #718: the ‘fireflies' edition

"Do you want to bring a backup guitar with you?"

That was the question I ask my daughter as we load up the car to leave for her Sunday-night gig opening for Rhett Miller.

"No," she responds. "I'll be fine with just my main guitar."

Flash forward to 7 pm that night. "Please give it up for norah marie!" And guess what? No sound from her guitar. Not one single amplified note. As it turns out, the guitar had a dead battery. After a few minutes of down time to swap dead for live — which included a very kind and gracious Rhett offering Norah his own guitar to play during her set — she was up and running. 

Despite the glitchy start, Norah was great as always. 

You can watch the (edited) video of her whole set here, or just the clip of her singing Rhett's song, "Fireflies," with him, which includes a sweet story of Rhett's own technical glitch when he was a 17-year-old opener for Rosanne Cash.

I know I'm fighting a losing battle when I offer dad advice to a stubborn 17-year-old, but I can continue to try, right?

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

Should jury verdict forms in discrimination cases include the McDonnell Douglas factors?

Jury trials are often won or lost based on the instructions and verdict forms the court provides the jury.

Jury instructions outline the legal standards that the jury must use to decide the case. Verdict forms allow the jury to record its decisions on the issues in the case and typically include specific questions that the jury must answer reflecting their findings on claim.

In Craddock v. FedEx Corp. Servs.Craddock v. FedEx Corp. Servs., the plaintiff — a Black woman fired after an altercation at work — complained on appeal about an alleged inconsistency in the jury's verdict.

Prompt engineering tips for generative AI

Innovate or die. I held out long enough, but it's time for me to learn how to use ChatGPT and incorporate it into my legal practice. That was one of my biggest takeaways from the Mackrell International Annual General Meeting earlier this month.

What does one do when one wants to learn how to effectively use ChatGPT? Ask ChatGPT! Here's the prompt I used: "I'm a lawyer conducting research on employment law. Can you give me the top 6 prompt engineering tips to optimize my results on ChatGPT?"

Here's what ChatGPT recommends: