He’s basically trying to get a new protected class created to protect actions that clearly constituted creating a hostile work space based on long established precedent.
Whatever you think of him it seems like a REALLY big hurdle.
And that’s assuming no ‘mandatory binding arbitration’ issues from his work contract.
Even if he wins this could take a very long time (and trips up and down the levels of courts).
No, he's not; none of race or sex discrimination (both under federal and state law), nor political coercion (under California state law) are new protections.
> to protect actions that clearly constituted creating a hostile work space based on long established precedent.
That would be a problem in a direct action suit over his firing, but what he has actually filed is a class action alleging a pattern and policy of discrimination on three different prohibited bases. While there are challenges in doing that, they are different than the challenges in a direct action.
I think his only hope is persecution for his ‘belief’, which isn’t a religion and this would be a new protection (IANAL, unsurprisingly).
I didn’t see the class action bit. I wonder if he can even find enough people to join him to be certified as a class.
He has a giant ‘don’t hire me’ target on him now (weather you think just or not)... will people want to throw their lot in with him and risk the same label?