RS2024-708 - Jonathan Saad Settlement

This discussion topic was requested by Council Member Ginny Welsch regarding Resolution No. RS2024-708, the proposed settlement with Jonathan Saad.

I have many questions and concerns about the settlement we are being asked to approve.  To quickly recap, Mr. Saad threatened to sue Metro for discrimination because he was not rehired and given the position of Grants Manager, a position he had previously held.  Metro Legal would like to settle with Mr. Saad or $150,000.  

The complaint filed by Mr. Saad is extremely vague. There are many claims of discriminatory behavior based on age and ethnicity on the part of the former director of Metro Arts, Daniel Singh, but there is no evidence or documentation to support those claims.  Mr. Saad also claims his application for the permanent position was not seriously considered, which resulted in someone with less experience being hired. 

Much of Mr. Saad’s complaint seems predicated on his belief that he should have been given the permanent position of Grants Manager, and had he been adequately vetted, Mr. Singh  would have come to the conclusion.  But Mr. Saad wasn’t owed that position. Daniel Singh was brought in to Metro Arts to change the culture, and Mr. Saad was a part of the existing Art culture.  So I am failing to see how the Director was obliged to give Mr. Saad the position. As we know, even a small personality clash is enough reason for someone to not be hired, and I believe the director was well within his rights as head of Metro Arts to choose who he wanted to serve alongside him.

Another large concern is that despite Metro legal calling Mr. Saad a contract employee, he was actually a temporary employee, hired by and paid by the temp agency that Metro regularly uses. There is never a guarantee that a temp employee will be permanently hired. So again, I fail to see how Mr. Saad can threat legal action for not being given the position. 

Other concerns include the settlement amount, which is supposed to be based in part of paying out lost compensation, something that is impossible to determine from the attached contract under which  Mr. Saad was being paid as a temp (at least to me), and the fact that Metro legal pretty immediately agreed to settle instead of truly investigating and litigating the complaint, which I fear could lead to others  to simply threaten Metro with legal action in hopes of getting a settlement without having to go to trial. 

Finally, even if settling is, in fact, the correct course of action, I believe the $150,000 settlement amount is too high. I am still gathering information, but my sense is that in comparison to other settlements Metro has made, including with Daniel Singh, Mr. Saad would be receiving an amount out of proportion to other settlements. I believe if Metro settles, the amount should be no more than $50,000.

Thoughts?

Here is a link to Mr. Saad's complaint.

Here are links to the Goodson Contract: Part 1; Part 2

Documents discussed in this topic can be found at this link: RS2024-708 - Jonathan Saad Settlement