At the time I was terminated, Periodicals appeared to be the primary moneymaker in the Public Relations and Marketing service center. (What's a service center? It's essentially a fee-for-service business within an institution, one that is governed by a web of federal regulations that I don't begin to understand. The UAB Print Plant and Bulk Mail are other examples of service centers, which are also called cost centers.)
So what's really going on?
Well, let's examine a post I wrote on July 8 titled "Deception and Discrimination Continue at UAB." It contained two passages that might be worth a second look. The first:
OK, let's look at the second passage, which deals with my own case:
What happened two days after that post was published? The layoffs of seven people in Public Relations and Marketing came down.
Is that a coincidence? Maybe. Maybe not.
But let's consider those two passages again. The first refers to a discrimination lawsuit brought against UAB by Dr. Seema Gupta, a former medical resident from India. The case went to a jury verdict, and Dr. Gupta prevailed on her claim of discrimination based on her Hindu faith. UAB prevailed on two other key questions: (1) Did the university discriminate against Dr. Gupta based on national origin; and (2) Did the university's actions result in a "constructive discharge" of Dr. Gupta?
I was on hand for almost the entire Gupta trial, and we will go into much more detail about it in upcoming posts. The case speaks volumes about how UAB discriminates against its employees and students--and then shamefully tries to cover over the discrimination in court. While Seema Gupta proved that UAB discriminated against her on one ground, the case as a whole was a gross miscarriage of justice--and we will be showing exactly why we came to that conclusion.
For now, let's move on to our second key passage. It simply raises the issues that are present in my legal case against UAB (along with First Amendment violations). None of it should be a surprise to anyone at the university. Heck, their own grievance committee found I should not have been terminated, so we're not dealing with state secrets here.
But here's my point: Did that July 8 post, or perhaps something else in that general time frame, cause someone at UAB to slap his or her forehead and say, "Holy crap, we're going to have to figure out a defense in this Shuler case, and we don't have one."
What do unethical people, like some of the ones currently running UAB, do in such a situation? They create a defense after the fact--ex post facto, if you will.
I can hear some of you now: "Schnauzer, surely UAB wouldn't pull such a disgusting stunt." Oh yes, they would. (And don't call me Shirley--an inside joke for you fans of Airplane!)
How do I know? I saw them try it in the Gupta case, another instance where UAB really did not have a defense.
How could this happen? Remember this critical word regarding employment-discrimination lawsuits: comparators. That refers to people who are comparably situated, but were treated in a more favorable way than the complainant.
To put it in non-legal terms, let's consider this story that is told by a Birmingham employment lawyer: A woman came to him with a potential case. "The problem is my boss," she said. "He treats me terribly."
"How does he treat the other employees?" the lawyer asked.
So what's really going on?
Well, let's examine a post I wrote on July 8 titled "Deception and Discrimination Continue at UAB." It contained two passages that might be worth a second look. The first:
About three weeks ago, a federal jury in Birmingham found that UAB discriminated against a former medical resident from India, based on her Hindu religion. That is one of several cases involving alleged discrimination against international medical residents. And those could raise issues about federal funding at UAB, which generally is predicated on a commitment to nondiscriminatory practices. Much more on that in future posts.
OK, let's look at the second passage, which deals with my own case:
Age and gender discrimination, conspiracy, retaliation, wrongful termination, and defamation also appear to be present in my case, which currently is under investigation by the Equal Employment Opportunity Commission (EEOC). I intend to file a lawsuit against UAB (the University of Alabama Board of Trustees is the legal entity), along with a number of folks acting in their individual capacities, once that investigation is completed.
What happened two days after that post was published? The layoffs of seven people in Public Relations and Marketing came down.
Is that a coincidence? Maybe. Maybe not.
But let's consider those two passages again. The first refers to a discrimination lawsuit brought against UAB by Dr. Seema Gupta, a former medical resident from India. The case went to a jury verdict, and Dr. Gupta prevailed on her claim of discrimination based on her Hindu faith. UAB prevailed on two other key questions: (1) Did the university discriminate against Dr. Gupta based on national origin; and (2) Did the university's actions result in a "constructive discharge" of Dr. Gupta?
I was on hand for almost the entire Gupta trial, and we will go into much more detail about it in upcoming posts. The case speaks volumes about how UAB discriminates against its employees and students--and then shamefully tries to cover over the discrimination in court. While Seema Gupta proved that UAB discriminated against her on one ground, the case as a whole was a gross miscarriage of justice--and we will be showing exactly why we came to that conclusion.
For now, let's move on to our second key passage. It simply raises the issues that are present in my legal case against UAB (along with First Amendment violations). None of it should be a surprise to anyone at the university. Heck, their own grievance committee found I should not have been terminated, so we're not dealing with state secrets here.
But here's my point: Did that July 8 post, or perhaps something else in that general time frame, cause someone at UAB to slap his or her forehead and say, "Holy crap, we're going to have to figure out a defense in this Shuler case, and we don't have one."
What do unethical people, like some of the ones currently running UAB, do in such a situation? They create a defense after the fact--ex post facto, if you will.
I can hear some of you now: "Schnauzer, surely UAB wouldn't pull such a disgusting stunt." Oh yes, they would. (And don't call me Shirley--an inside joke for you fans of Airplane!)
How do I know? I saw them try it in the Gupta case, another instance where UAB really did not have a defense.
How could this happen? Remember this critical word regarding employment-discrimination lawsuits: comparators. That refers to people who are comparably situated, but were treated in a more favorable way than the complainant.
To put it in non-legal terms, let's consider this story that is told by a Birmingham employment lawyer: A woman came to him with a potential case. "The problem is my boss," she said. "He treats me terribly."
"How does he treat the other employees?" the lawyer asked.
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