A part-time legal writing Professor has sued the University of Iowa Law School because she believes she was not hired for full time positions based on her political persuasion.
Teresa Wager is a graduate of the school and member of the school’s faculty. Ms. Wagner applied for several positions at the school. One position was filled by someone with no teaching experience, and another was not filled at all. She was passed over for other jobs in the coming years. Ms. Wagner worked on conservative-leaning causes prior to her employment for the law school. She advocated against abortion, gay marriage, and euthanasia. Ms. Wagner's trial began at the United States Court for the Southern District of Iowa in Davenport on Monday.
An issue states should consider is whether political preferences should be allowed to be considered in making hiring decisions at Universities and perhaps even state institutions.
It is interesting to not that there is little protection for discrimination based on political affiliation in the Nebraska Statutes. The only protection appears to be for County employees in the County Civil Service Act at Neb Rev Stat. 23-2517(1) which protects against discrimination against any person in any aspect of personnel administration because of political or religious opinions or affiliations
Generally, a prima facie case of discrimination may be proved by showing (1) that the complainant is a member of a protected class within the meaning of the Nebraska Fair Employment Practice Act; (2) that the complainant is qualified for the position of employment sought; (3) that the complainant applied for and was rejected or discharged from that position; and (4) that after the complainant was rejected or discharged, the job remained open. IBP, Inc. v. Sands, 252 Neb. 573, 563 N.W.2d 353 (1997). As found here.
Picture from here.
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