It just doesn't make sense. That's the argument the attorney who represents a former University of Guam employee has to say about the discrimination lawsuit.  As we reported, the employee is fighting his termination.

Attorney Minakshi Hemlani is questioning the University of Guam’s response to the discrimination lawsuit filed by her client Norman Analista.

The university stating, “The federal U.S. Equal Employment Opportunity Commission independently reviewed the plaintiff's claims of discrimination and retaliation and dismissed them, as reflected in the letter that was attached to the complaint. The letter granted the plaintiff the right to sue, which he has now exercised.”

"But that’s misleading because although the EEOC did dismiss the charges, that is part of the administrative process. What they are saying and it’s attached to the complaint is that they have decided not to investigate and they make no decision on the merits of the claim. They have provided as a determination that Mr. Analista may sue," she said.

Analista alleges malice, oppression and fraud in the lawsuit filed in the District Court of Guam. He contends they had no reason to let him go, adding the university and its president Dr. Anita Enriquez, discriminated against him because he is a man.

"His experience included marketing, planning, corporate relations. He was his position as a director of development alumni affairs and foundational relationships since 2011. He has good evaluations in the years that he was there and did well. It was only recently he was told there would no longer be a position for him," said Hemlani.

The termination – Hemlani contends does not make any sense.

"It frankly doesn’t which is why and the factual circumstances surrounding how he was terminated calls for us to bring this complaint in the federal - District Court," she said.

"It’s very disappointing to me that they have decided to instate and maintain a six month ban of Mr. Analista from the UOG campus which makes zero sense to me."

Analista is asking the court to rule that his termination was unlawful, and is seeking damages for lost compensation and benefits for his emotional distress and humiliation among others.

"They seem to be falling back on this idea that he was unclassified, at will employee. However that doesn’t mean he has no rights. He certainly has due process rights and merit protections under the Organic Act of Guam and those were violated," she said.

UOG denies the allegations and has until December 31 to file its response in federal court.