A former employee brought an action against his former employer alleging unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964 and wrongful discharge contrary to Wisconsin law. The employee claimed his discharge was pretextual and that he was actually terminated for opposing alleged sexual harassment of a colleague (rumors about a sexual affair and a hair-pulling incident), in violation of Title VII's antiretaliation provision. Additionally, he claimed his termination was wrongful under Wisconsin law because in meetings with supervisors, he stated he would testify truthfully if ever questioned about certain tax and antitrust matters that he believed could expose the employer company to liability. The former employee gave no specific instances of the company directing him to violate tax or antitrust statutes. The company contended it eliminated the former employee's position as a cost-saving move in response to an economic downturn.

Has the plaintiff in this case articulated public policies sufficient to support his wrongful-discharge case? If so, do you think he articulated facts sufficient to support his allegation that firing him violated these public policies? 

Case Problem 2: Deborah, a registered nurse, was a member of the "Blue Team" in the ER of her hospital. The team's supervising physician believed strongly that team cohesion and esprit de corps were essential to the efficient and safe functioning of the team as if it were a well-oiled machine. To help foster this attitude among team members, the doctor annually organized an overnight outdoor "adventure." This year she arranged for the team members to go whitewater rafting together on a nearby river. During the overnight campout, the alcohol flowed liberally and teammates took part in impromptu karaoke and skits. Deborah was dragged up from the campfire to participate with two other female team members in a raucous rendition of "Moon River," which ended with the singers "mooning" their colleagues seated around the fire. Deborah refused to bare her bottom. Not much was said that night or the next day, but in the weeks that followed the outing, her supervisor was markedly chilly toward her. When it was time for her annual review, Deborah found that she was given a less-than-satisfactory score for "cooperation"; a few months later she was denied a promotion she expected to receive. Furthermore, her colleagues took their lead from the supervisor and became generally unfriendly to Deborah, making her day-to-day work experience highly unpleasant. She took the hint and updated her resum. She found a job at another hospital, albeit at a reduced salary.

Does Deborah have a claim of constructive discharge (i.e., that her treatment at the hands of her employer was so intolerable as to leave her no choice but to resign, thus amounting in effect to a wrongful discharge)? If so, what public policy can she claim was violated by her constructive discharge? Does the employer have a bona fide business reason with which to counter Deborah's claim?