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Justin Summa worked in the accounting department at the FSPC headquarters in Florida. He started out as a cashier in one of the stores, was promoted to store manager, and was eventually promoted to the accounting department at headquarters in Florida. Justin received numerous outstanding-job evaluations over the years with the company. Justin and his partner, Jim, married recently. Jim now received medical, dental, and other benefits as part of Justin’s employment package with FSPC. Justin reported to the director of accounting, Faith Christianson. Justin did not receive a raise for the first time in ten years, after receiving an unflattering performance review from Faith. Other employees heard Faith say, "Same-sex marriages are wrong. The Bible states that marriage should be between a man and a woman." Faith posted Bible verses in the breakroom and at the bottom of her e-mails. Justin reported Faith's behavior to Human Resources, but her behavior only worsened after the report. Justin posted some comments about Faith’s behavior on his Facebook page. He asked if other employees had experienced any discriminatory actions by Faith or other managers. Justin commented that the company did not discipline Faith after he reported her behavior; therefore, he believed the company supported sexual orientation discrimination. Justin also posted an unflattering caricature of Faith on his Facebook page. One commenter suggested that Justin report the company to the EEOC. After another employee showed the posts to Faith, she demanded that Justin remove the posts. When Justin refused, he was terminated. One of the employees who worked for Justin, Mia Wrights, reported Faith’s treatment of Justin to the EEOC. Mia was an at-will employee who had been with FSPC for two years. In response to the EEOC report, Faith terminated Mia.
Does Justin have a valid federal or state discrimination claim against FSPC? Explain thoroughly. Did the company violate Justin’s First Amendment rights by requiring him to remove information about Faith from his Facebook page? Explain thoroughly. Does Mia have any causes of action against FSPC? Identify any such causes and analyze them.
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