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A freight supervisor for Home Depot observed the store supervisor stacking lumber in a manner that posed a safety hazard to other employees and customers. He expressed his concerns to another store manager, who advised him to speak with the district safety manager. The supervisor brought the lumber shelving issue to the safety manager and was encouraged to bring other potential violations by the store supervisor to the HR Department, which he did. Despite assur- ances that his reports would remain confidential, the store supervisor questioned the employee about the complaints he had made. Shortly thereafter, the freight supervisor received the first disciplinary notice that he had ever received in his five years with Home Depot. This was fol- lowed by disciplinary notices for several other minor infractions and within about two months of his reports, termination. The former freight supervisor sued. What should the court decide? Why? (Consolmagno v. Home Depot, 2006 U.S. Dist. LEXIS 88332 (W.D. Pa.))
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