What hath Iqbal wrought

I have just read an extremely interesting article on pleading intentional discrimination after Iqbal v Ashcroft. It is a must read for Title VII litigators. The author is South Carolina law professor Joe Seiner. The article can be downloaded from Social Science Research Network. Professor Seiner lays out a persuasive argument for compliance with the heightened pleading requirement in cases alleging intentional discrimination post Iqbal. If the federal judiciary agrees with Professor Seiner's analysis both plaintiffs and defendants should benefit from clear guidance in this area. His suggested approach also diminishes the most troubling aspect of Iqbal, the plausibility component. Essentially Iqbal requires a judge to determine if the plaintiff's allegations are sufficiently compelling to be believable enough to warrant going forward. The troublesome aspect of this standard is it is not only subjective, but determined by a judge likely to have limited understanding of the realities of most workplaces.