Eduardo was previously employed with Soda Pop, Inc., a rural Texas soda manufacturer.Eduard, who emigrated from Mexico, was recently terminated for violating Soda Pop's English only policy.

The English only policy at Soda Pop was enacted a few months ago. Many of Soda Pop's employees have emigrated from Mexico and speak Spanish as their first language.The policy started after Eduardo's supervisor, George, a white male, wrote an e-mail to the HR director stating, "I think it would be best if we establish an English only policy.That way if something happens on the shop floor I can understand and communicate with everyone.Also, if I hear anymore Spanish, I might just turn into a tamale!"The HR Director agreed with George's proposal to implement an English Only policy. The policy applied to all areas of Soda Pop's manufacturing facility, including the shop floor, break room and locker rooms.

Last week, George saw Eduardo showing a co-worker a picture of his granddaughter and heard him speaking Spanish in the break room.Eduardo, who had already received prior discipline for attendance issues, received a final warning for violation of the English only policy. After the HR Director delivered the disciplinary infraction to Eduardo, Eduardo told her that he thinks the policy is unfair and that if it doesn't change he will contact a Union Representative from the Factory Workers of America to pursue unionization of employees at Soda Pop.George catches wind of the conversation between Eduardo and the HR Director and immediately terminates Eduardo.

Identify any legal claims Eduard may have against Soda Pop. Set forth the prima facie case for each claim and any defenses Soda Pop may have to those claims. What is Eduardo's likelihood of success on his claims(s)? What pieces of evidence do you think are important? Where should Eduardo file his claims and why?