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Adam Upp worked in the accounting department and had been with the retail division for 10 years. Adam started out as a cashier in one of the stores, was promoted to store manager, and eventually promoted to the accounting department at headquarters. Adam received numerous positive job evaluations over the years with the company. Adam and his life partner Pat receive medical, dental, and life insurance benefits as part of Adam's employment package with Walexron.
Adam reported to the Director of Accounting, Eve Ann Jellical, who recently transferred to the retail division from the express delivery division. Eve took away a good portion of Adam's responsibility and froze his pay. Other employees heard Eve Ann say, "Same-sex marriages are wrong. The Bible states that marriage should be between a man and a woman." Eve Ann posted Bible verses in the breakroom and at the bottom of her e-mails. Adam reported Eve's behavior to Human Resources, but Eve's behavior only escalated after the report. Adam quit two months after filing the report.
One of the employees who worked for Adam, Cybil Wrights, reported Adam's treatment to the EEOC. Cybil was an at-will employee who had been with Walexron five years. In response to the EEOC report, Eve Ann Jellical terminated Cybil. Can Adam Upp sue Walexron for employment discrimination? Can Adam argue constructive discharge in this instance? Can Walexron fire Cybil? Why or why not?
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