Whistle Blowing:

o Employment at-will = can be terminated at any time, for any

reason, as long as not against public policy.
If it is against public policy its considered wrongful discharge
o Whistleblowing Statutes
(1) Sarbanes Oxley
(2) Obamacare,
(3) WPEA (provides protection for federal employees)
o States vary on the amount of protection they will give, how they
define public policy, good faith in dealing.
o Public employees (example: gov. employees)
Have a right of free speech on matters of public concern,
unless the employer can prove that it resulted in substantial
interference with the performance of his duties or the function
of the workplace.
BUT employee does not have same protection when speaking
related to his specific job duties.
o Qui Tam/False Claims Act = provides for rewards for exposing
fraud in government

Diversity:
o States have the right to define what constitutes a marriage
Section 3 of the DOMA is no longer valid (section pertaining
to rights such as medical, social security, estate planning)
o Equal Protection Laws: It is not illegal to treat two groups
differently but the level of scrutiny will depend on the protected
category and the level of fundamental right involved.
(1) Strict scrutiny (highest level of scrutiny): Discrimination
must be narrowly tailored and related to a compelling state
interest.
If the state can protect its interest in a narrowly defined
way it must do so.
This pertains to suspect classifications such as race and
ethnic background and whether the right is a
fundamental freedom.
o Fundamental freedom examples: right to
marriage, right to privacy, right to travel
(2) Intermediate scrutiny: normally related to gender and
there must be a substantial government reason for the
difference in treatment of the two groups

(3) Rational basis (lowest level): normally doesnt involve a

fundamental right or race/ethnic background
o Disparate impact: when a rule appears neutral but in effect
discriminates against one class of people
Example: All professors must be 6 feet tall and weight 250
lbs would clearly discriminate against women
o Affirmative action: race can be considered as a factor on a holistic
basis, but strict quotas are not legal
o Religious accommodation: If it can be done without causing an
undue hardship to the employer or disrupt the workplace, it should
be done

o Sexual Discrimination:
Sexual Harassment: quid pro quo-imposing a requirement
of sexual favors in return for a promotion or a raise. Easier to
prove.
Hostile work environment: If a person is subject to
unwelcome sexual harassment, because of that persons sex,
and the hostile environment was severe enough to alter the
terms of her employment
Both sexual harassment and hostile work environment can
take place between different sexes and the same sex.
Constructive Discharge: changing the terms and scope of
ones employment so that in effect they were fired.