Emerging Litigation Podcast

Episode: One Size Fits None in Modern Employment Law

Date: March 19, 2026
Host: Tom Hagy
Guest: Jerry Maatman, Partner at Duane Morris, Author of Employment Law: A Practical Guide for Business Owners, Managers and Executives

Episode Overview

This episode explores how the modern workplace—and the laws governing it—are undergoing rapid, sometimes tumultuous change. Host Tom Hagy speaks with veteran employment attorney Jerry Maatman about why rigid, "one-size-fits-all" policies expose organizations to heightened legal risk. The conversation covers evolving expectations around remote work, disability accommodations, economic turbulence, the AI-driven workplace, and shifting DEI (Diversity, Equity, and Inclusion) initiatives. Drawing on insights from Jerry’s new book and four decades of experience, the episode provides practical guidance for anyone managing or advising businesses in today’s complex legal environment.

Key Discussion Points & Insights

1. The Rationale Behind Jerry’s Book

• [03:54] Jerry describes Employment Law: A Practical Guide for Business Owners, Managers and Executives as a “survival guide” drawn from decades of client questions and challenges.
  • Quote: “It was to give back to all the clients who called me… posed vexing problems of how to deal with workplace situations. And I kept a mental checklist in my mind over the years.” (Jerry, 04:11)
  • The book focuses on helping leaders avoid legal pitfalls and become what Jerry calls an "employer of choice."
• [05:32] Jerry emphasizes documentation—especially in the email-driven, remote workplace—warning: “Loose lips, sink ships,” and urging managers to consider how communications would look to a jury.
  • Memorable Rule: “What might your memo, your note to the employee look like if blown up on a three by five foot poster board?... jurors... are distrustful of corporations and naturally side with plaintiffs.” (Jerry, 07:21)

2. Remote Work and ADA Accommodations

• [09:05] Discussion shifts to remote work as a legal accommodation, not merely a perk. Recent high-profile cases (e.g., the Wells Fargo $22 million verdict) demonstrate the stakes.
  • Core Principle: “That is a very individualized personnel decision, and one size does not fit all.” (Jerry, 09:56)
• [10:45] COVID-19 was a “seismic shift”—post-pandemic, courts and the EEOC now expect employers to justify (with documentation and individualized analysis) any denial of remote work for ADA reasons.
  • Quote: “Arguments that would resonate with judges prior to COVID about... requiring employees to come into the office... has kind of been relegated to the dustbins post COVID.” (Jerry, 10:56)
• [12:44] Managers must actively include remote workers to avoid the "out of sight, out of mind" effect, requiring “hard work by managers because that's human capital. You don't want it to go to waste.”
• [14:29] Generational differences matter in both managing and litigating remote work issues.

3. Return-to-Office Policies & EEOC Enforcement

• [15:32] The EEOC expects employers to craft individualized accommodations—not blanket mandates.
  • Quote: “You can't insist on one size fits all return to the office policy without running afoul... of either the ADA... or on a state law level.” (Jerry, 17:11)
  • About 40% of all EEOC discrimination claims now involve disability accommodation.
• [18:38] Common management missteps include emotionally driven blanket policies and retaliation against employees who request accommodations.
  • Quote: “You could have not much of a discrimination case, but because the messenger... is killed or treated adversely, all of a sudden they have a great retaliation case.” (Jerry, 19:21)

4. The WARN Act and Remote Layoffs

• [20:20] The patchwork of laws like the WARN Act (requiring notice for large-scale layoffs) is increasingly tricky in a remote-first world.
  • Case law (Smith v. Zulily) deems remote workers reporting to a specific site part of that location for WARN purposes.
  • Quote: “It's a layer of cyberspace superimposed on top of brick and mortar statutes passed a long time ago, before these concepts ever came.” (Jerry, 21:52)
• [23:13] Jerry warns against rushed reductions in force (“rifts”), emphasizing the need for statistical analysis and legal compliance checklists: “If you're not spending at least a month or two getting ready for the RIF, you're probably doing it a little too quickly.”

5. Gig Economy, Worker Classification, and Arbitration

• [24:48] Courts are grappling with gig worker classification and enforceability of arbitration/class action waivers.
  • Over 70% of corporate employers now use arbitration agreements, with employers prevailing about 80% of the time when agreements are well-drafted and implemented.
  • Quote: “Running a business in this day and age, a key risk are employee related lawsuits.” (Jerry, 25:13)
• [30:56] Plaintiff attorneys circumvent arbitration by including sexual harassment claims, now statutorily exempt from mandatory arbitration.
  • Quote: “The issue of arbitration actually even found its way into the presidential debates...” (Jerry, 29:57)
• Transportation workers (e.g., airline baggage handlers) are frequently exempted from mandatory arbitration.

6. The Evolving Landscape of DEI

• [32:25] DEI is moving from HR to enterprise-level risk in the post-SFFA v. Harvard legal climate.
  • Compliance requires opening opportunities to all—without quotas, earmarking, or explicit preferences for underrepresented groups.
  • Quote: “Earmarking slots, earmarking programs for selected minority groups crosses the line into illegal DEI... it's an area filled with risk, all in flux.” (Jerry, 36:16)
• DEI-related litigation is rising, and company mission statements or external communications are increasingly scrutinized.

7. Policy Execution: Where Good Intentions Fail

• [38:05] High-quality written policies are useless without robust, fair-day-to-day application.
  • Quote: “What I see... is corporate laziness... not taking the time and effort in terms of sincere and appropriate and humane implementation...” (Jerry, 38:16)
  • Jerry praises “workplace due process”—a culture of listening to employee complaints and resolving them internally, yielding fewer external lawsuits and charges.

8. Artificial Intelligence and Employment Law

• [42:24] AI is reshaping hiring, evaluation, and even the litigation process, but often outpaces current legal frameworks.
  • Practical Tip: Employers must track a "patchwork quilt" of state and local AI regulations, especially around hiring and performance evaluation algorithms (notably in Illinois, Colorado, New York City).
  • Quote: “There's a lot of abuse of AI going out there. I'm seeing it in lawsuits with fake emails, fake voicemails... AI tools are now surfacing that are the subjects inside of lawsuits...” (Jerry, 44:08)
  • The challenge: Old laws are applied to new tech, demanding proactive compliance and validation of tools.

Notable Quotes & Memorable Moments

• The Poster Board Rule (07:21): “What might your memo...look like if blown up on a three by five foot poster board...post-COVID jurors...are distrustful of corporations and naturally side with plaintiffs.” (Jerry)
• On Return to Office Mandates (17:11): “You can't insist on one size fits all return to the office policy without running afoul probably of... the ADA....”
• Litigation Risk Mindset (25:13): “Running a business in this day and age, a key risk are employee related lawsuits.”
• AI Compliance Challenge (44:26): “This is an area where as companies embrace [AI] for the positive attributes... it creates a full time job of legal compliance.”
• Practical Wisdom (41:15): “The law treats everyone equally, but the law expects more of you as a manager to do the right thing and make the right decision, because the spotlight is on you and you're not going to be known for the 99 things you did right. You're going to be wrong, known for the one thing you did wrong.” (Jerry)

Timestamps for Major Segments

• [03:54] - Jerry explains the origins and practical aims of his new book
• [09:05] - Remote work as ADA accommodation and high-stakes litigation
• [15:32] - Individualized accommodation for return-to-office policies (EEOC v. Total System Services)
• [18:38] - Common employer missteps: retaliation and failure to accommodate
• [20:20] - WARN Act, remote workers, and mass layoffs
• [24:48] - Arbitration agreements, gig economy, and legal strategies
• [32:25] - Evolving DEI risk after the Harvard decision and current legal boundaries
• [38:05] - The gap between written policy and real workplace practice
• [42:24] - The legal challenges of AI-driven employment decisions

Tone & Style

The tone is practical, candid, occasionally wry, and always people-focused—emphasizing the real human and legal repercussions of workplace policy decisions, and the necessity of humility, documentation, and continual learning.

Closing Reflections

Jerry Maatman’s advice for leaders, managers, and counsel: In today’s fast-moving legal landscape, inflexible policies and “autopilot” management are sure paths to costly litigation. Success lies in careful, documented, and individualized decision-making—whether regarding ADA accommodations, layoffs, gig worker classification, or the deployment of new technologies like AI.

Final Memorable Moment:
“Every day is a good day, if you learn something.” (Jerry, 47:13)