In episode 267, Coffey talks with Catherine Clifton about AI-generated employee grievances, another lawsuit arising from a DEI training program, a Walgreens race and age discrimination case, and a Reddit scenario involving FMLA leave and workplace gossip.
They discuss the rise of AI-generated employee grievances citing nonexistent laws and containing factual errors, and how employers should respond to them the same way they'd respond to any poorly written complaint; AI use by medical providers in ADA accommodation responses — including providers drawing conclusions that are legally the employer's to make; the danger of employees using AI to build one-sided cases that start with a conclusion rather than an objective analysis of facts; an EEOC lawsuit against Washington University in St. Louis arising from a DEI training that racially segregated participants over an employee's explicit objection, followed by elimination of her position after she filed an EEOC charge; the structural problems with demographic-based separation in DEI programming and the assumption that shared identity equals shared experience; the Walgreens case and the legal standard for comparators in race and age discrimination claims — including similar job, same decision-maker, comparable conduct, and disparate treatment; how summary judgment works and why consistent policy enforcement across all employees is the strongest defense against comparator arguments; the risk of employees not knowing what disciplinary action others have received, and how that gap fuels gossip and unfounded discrimination claims; and a Reddit scenario involving a coworker complaining about an FMLA-protected employee, a supervisor who deflects with "HR is aware," and how HR should respond to protect privacy while addressing cultural warning signs.
For HR teams who discuss this podcast in their team meetings, we've created a discussion starter PDF to help guide your conversation. Download it here https://goodmorninghr.com/EP267
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About our Guest:
Catherine has more than 20 years of experience specializing in employment law in Texas. She worked with multiple local governmental entities as an employment law attorney and also served as a legal advisor for public safety.
She spent several years as an administrative services director, where she was responsible for Human Resources, Risk Management, and Payroll. She has advised clients on recruitment, selection, discipline, wage and hour, policies, and grievance matters, including federal and state laws related to labor and employment.
Catherine also has experience with general municipal law, utility matters, public information, open meetings, and general governance matters.
Catherine is a graduate of Southwestern University, obtained her JD from Texas Tech University. She is certified as a Senior Professional in Human Resources (SPHR). She joined Ross | Gannaway | Clifton, PLLC in 2022.
Catherine can be reached at:
https://www.gannawayclifton.law/
https://www.linkedin.com/company/rossgannawayclifton/
About Mike Coffey:
Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher.
In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business.
Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.
Imperative has been named a Best Places to Work, the Texas Association of Business’ small business of the year, and is accredited by the Professional Background Screening Association.
Mike shares his insight from 25+ years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for all stakeholders.
Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year.
Mike serves as a board member of a number of organizations, including the Texas State Council, where he serves Texas’ 30 SHRM chapters as State Director-Elect; Workforce Solutions for Tarrant County; the Texas Association of Business; and the Fort Worth Chamber of Commerce, where he is chair of the Talent Committee.
Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200) and teaches multiple times each week.
Mike and his very patient wife of 29 years are empty nesters in Fort Worth.
Learning Objectives:
- Apply a consistent, policy-grounded response protocol to AI-generated employee grievances — including clarifying conversations, documentation, and using complaints as opportunities to identify real underlying issues.
- Identify the legal elements of a valid comparator in a discrimination claim and explain why consistent enforcement of discipline across all employees is the most effective defense.
- Recognize the supervisor behaviors that signal cultural and legal risk — including deflecting accountability to HR and failing to redirect inappropriate peer complaints — and describe how HR can address them.
