Pretty much yes. The only thing they had to find for the judge to accept their verdict was that she hadn't proven discrimination to 51% certainty. Proving the

Pretty much yes. The only thing they had to find for the judge to accept their verdict was that she hadn't proven discrimination to 51% certainty. Proving the opposite wasn't required ... but they did anyway. Based on the jury interviews afterwards, they came to the conclusion that she hadn't supported her case because the evidence was positive that she had been fired for performance. They had gone over her claims and reviews of her performance and found that they would have fired her too (my summary, to be clear). She's now expressing concern over the message having to pay costs would send. I'd suggest it sends exactly the right message, she just doesn't like hearing that message.