A cheese steward at a restaurant served 25-30 ounces of wine pours to guests at a particular

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A cheese steward at a restaurant served 25-30 ounces of wine pours to guests at a particular table. The steward told the table server not to charge for the wine. The cheese steward looked for, but could not locate, a manager to authorize the free pours. Providing free wine to customers that ordered cheese plates was not uncommon at the restaurant. However, after the senior dining room manager was informed of the unauthorized pours, he reviewed the steward’s disciplinary history and then e-mailed the restaurant’s general manager about the incident. The e=-mail concluded with the dining  room manager writing: “What course of action do you think is appropriate? I think at least a two-week suspension. I would not be opposed to termination.” The general manager met with other supervisors, reviewed the steward’s file, and, relying on the dining room manager’s account of the incident, decided to terminate the steward. Approximately six months prior to his termination, the steward had been involved in an investigation regarding a race discrimination suit filed by another employee. The employee had been terminated after a customer had complained to the dining room manager that the employee had accused the customer of stealing wine. After an hour-long interview with the restaurant’s attorney who was gathering information to defend the lawsuit, the steward told the lawyer that the dining room manager and employee did not like each other; that the dining room manager had a bad temper; that the dining room manager treated the employee in an unfair, rude, and condescending manner; and that the steward found the dining room manager to be “unfair and discriminatory at times in his treatment of employees.” After the interview concluded, the dining room manager immediately approached the steward and asked him questions about what he said to the attorney and why the meeting took so long. Thereafter, the dining room manager’s behavior toward the steward went from being friendly to being “rude, condescending, critical, and cold.” The coworker’s case was settled about two months after the steward spoke to the restaurant’s attorney. In another incident that occurred only a few weeks before the steward’s own termination, the steward had complained to the dining room manager that another employee made racially insensitive comments about African Americans. The dining room manager terminated that employee a week later. The terminated cheese steward sued. What should the court decide? Why?

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