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?
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).