‘Blurred Lines’ sex discrimination complaint dismissed

MARSHFIELD – A former Marshfield High School dance instructor who approved a controversial dance routine to the popular song “Blurred Lines” was not fired because she is female, a judge has ruled.

In a decision issued late Tuesday afternoon, a state administrative law judge found that Lisa Joling, the high school’s ex-dance coach, failed to prove with sufficient evidence that the school district discriminated against her based on her gender.

Joling made that claim in a complaint she filed with the Wisconsin Department of Workforce Development in April 2014. The school district had fired her in August 2013 after hearing concerns about the dance team’s performance to an edited version of the “Blurred Lines” song at a high school football game.

The song contains references to sex, violence and substance abuse, and school officials found it to be offensive and degrading to women, according to the judge’s 14-page decision, which recites the lyrics to the song.

A student dancer had selected the song and helped choreograph the performance, while Joling removed lyrics she believed were inappropriate.

In support of her complaint, Joling claimed that equally suggestive music was played during other school events and programs, such as dances and basketball warm-ups, and that male coaches and teachers involved in those activities were not disciplined.

But those arguments failed to carry the day.

The judge found Joling’s termination was based not on gender, but rather “on the belief that Joling exhibited an egregious lack of judgment when she chose a song for a public performance that the District ... found to be inappropriate and offensive.”

Principal Steve Sukawaty and Pat Geegan, the district superintendent at the time, thought the song and dance performance reflected poorly on the district and sent students the wrong message. That belief was important, according to the judge.

“Based on her poor judgment in song choice, the District made the decision to terminate Joling. The reason given for termination was not a pretext for discriminatory intent because it was what they honestly believed,” the judge wrote.

Tuesday’s decision comes after a state equal rights officer in September found probable cause to believe the district had discriminated against Joling, prompting the judge to review the case. A hearing was held in March.

Joling, who opened a dance studio in Marshfield in 2011, was the high school’s dance coach from June 2012 until her termination in August 2013. She has since moved to California.

Joling has a right to seek review of the judge’s decision by petitioning the state’s Labor and Industry Review Commission within 21 days.

Superintendent Dee Wells said Tuesday evening that school officials have not had time to fully review the decision, but that its conclusion will help the district move forward and focus on education.

“The decision facilitates the District’s course of action to concentrate on outcomes and needs of students and the District at the current time and in the future,” she wrote in an email to News-Herald Media.

Joling’s attorneys did not respond to a request for comment as of press time.

Jonathan Anderson can be reached at janderson9@marshfield.gannett.com or 715-384-3131, ext. 328. Find him on Twitter as @jonathanderson.