On Monday evening, conservative KIRO radio host Jason Rantz linked allegations of โanti-male biasโ to a recent hire in the Seattle Fire Department. The new employee, Jyl Shaffer, was hired as an Equal Employment Opportunity Investigator, a role responsible for ensuring compliance with federal civil rights laws in the workplace.
He made a big deal about it on social media, but heโs got nothing. His evidence for her alleged bias constitutes nothing more than a pair of settled lawsuits against Shafferโs former employers, where neither party admitted any wrongdoing. Even more confusingly, he presented no evidence from Shafferโs three years working in a similar role for King County Metro.ย
Rantz Doesnโt Understand How Lawsuits Workย
Rantzโs main pieces of โevidenceโ for his smear come from two lawsuits filed against Shafferโs employersโa couple of universities where she worked before moving to King County. However, neither lawsuit supports Rantzโs claim of her being a gender โpartisan,โ whatever the fuck that means.
The first suit involves an incident from 2016 at Montana State University, where a student claimed he was unfairly expelled for expressing anti-trans opinions to an instructor. The university settled the suit after a judge denied the institutionโs motion to dismiss the case, and the university did not admit to any wrongdoing in the settlement.ย
As a result, the allegations from the studentโs complaint that Rantz decided to cherry-pick were never vetted in a court, nor did the student ever have to stand up to cross-examination by the universityโs attorneys.
Further, if Rantz had bothered to ask any licensed attorney in Washington (such as yours truly), he would have learned that a judge has to treat the allegations from a plaintiff as true when ruling on a motion to dismiss. That means the studentโs victory on that motion has very little bearing on whether the claims were actually true, and any responsible journalist wouldnโt rely on them without corroborating evidenceโand Rantz failed to produce any such evidence.ย
Rantz tried to back up the settled lawsuitโs claims by pointing out that Shaffer left her position as MSUโs director of the Office of Institutional Equity and Title IX coordinator, but he failed to mention that she remained an employee of the institution by transferring to a role as an adjunct professor. So, since we donโt have any actual evidence of wrongdoing on Shafferโs part from the lawsuit, leaving out the context that her employer kept her on campus creates a false impression that the allegations had more merit than they really did.ย
The second lawsuit Rantz relied on effectively followed the same pattern, but with even less circumstantial evidence that it showed any of Shafferโs alleged bias.ย
While Iโm not going to waste too much of your time on the details of that case, it does include a rather novel legal argument. In the case, a woman accused a man of sexually assaulting her when she was too inebriated to give consent. But then the manโs attorneys argued that he was so drunk that he was the one who was actually taken advantage of. Gotta say, the menโs rights lawyers have gotten real creative lately!
Anyhow, Rantz cited an article about the lawsuit in Reason that failed to mention Shafferโs name a single time, but it did include confirmation from a university spokesperson that the settlement in that case did not involve an admission of wrongdoing.ย
Rantz also failed to mention that the judgeโs order denying the universityโs motion to dismiss included the explicit disclaimer that โthe Court does not intend to suggest that it has reached even a preliminary decision as to the merits of [the studentโs] claim.โ
Rantzโs Pandering Obscures the Real Problem
So what the hell does any of this have to do with the Seattle Fire Departmentโs compliance with federal civil rights laws? Well, nothing, until you zoom out and realize that thereโs actually a big problem in how our countryโs fire departments treat women employees.
The anonymous โSFD staffersโ whining to Rantz seem to be worried about not getting a fair shake if the department assigns this โwokeโ investigator to a complaint against them. Butโunlike Shafferโtheyโve got plenty of protection if they want to do any sexism on the job.ย
First, the firefighters are unionized. That means theyโll have the right to a union representative in any disciplinary action against them stemming from any investigation Shaffer conducts, and theyโll also have the right to appeal any discipline to an arbitrator if they believe itโs the product of bias. Shaffer has no such protection, as the position she accepted is not represented.ย
More importantly, thereโs no proof that sheโs actually done anything wrong! In an email, a spokesperson from King County Metro confirmed that Shaffer resigned from her job there on November 26. The spokesperson declined to comment on the reason for her departure, but, given her recent hire at the fire department, the most likely explanation is that she simply left for the new job at SFD.
Acknowledging all of this, of course, would be inconvenient for Rantz. After all, it wouldnโt help him pander to his sources within SFD, who are apparently upset about the ongoing staffing crisis but who donโt want to try to retain that staff by protecting the civil rights of their coworkers. But donโt worry, itโs not as if there are recent examples of a local fire department creating a hostile work environment for Black people or for women employees or anything.
