ssckelley
Well-Known Member
A few thoughts. I'm a lawyer (although not a very good one ):
(1) I hate sex discrimination cases because most of the time they're BS. If someone was legitimately discriminated against, then fine, bring a claim. But most of the time these claims are filed by people seeking "retribution" after being legitimately fired for incompetence. And as a previous poster astutely pointed out, the current political environment gives these plaintiffs a chance.
(2) These claims suck for business. Because no one can be fired without fear of a looming lawsuit. Businesses (and I guess you can include universities like U Iowa) need some discretion and leeway to fire incompetent or subordinate employees. You can't do that anymore.
(3) Iowa and Barta probably should have settled the case, but sometimes it makes sense to go to trial. Sometimes for no other reason than to deter others from bringing similar claims. Because if you settle with "Person A," then "Person B" who's thinking about bringing a BS claim (like the one brought here) might be more inclined to do so if the other party has a reputation for throwing out early settlement offers. So if Iowa would have settled here, then it would be telling basically every employee "sue us on the basis of sex discrimination and you'll get a nice settlement." So I don't think it was completely idiotic for Barta to take this to trial.
However, I believe that Iowa's legal department or legal team or whoever is TOTALLY ****ing incompetent based on the long term contracts given to Ferentz.
I agree 100% on points 1 and 2, unfortunately this is the society we now live in. I'm all for equal rights but not to the point where it tips the scales in the other direction.
But on point 3 hindsight is always 20/20, this case with all the evidence and witnesses this seemed like a slam dunk for the University. I didn't think Meyer had a chance to win.