Question

James is an employee in the widget inspection department of XYZ Systems, a government contractor. James was part of a 3-person inspection team that found a particular batch of widgets did not meet the exacting requirements of the U.S. Government. In order to meet the tight deadline and avoid penalties under the contract, James' boss demanded that the batch of widgets be sent in fulfillment of the government contract. When James found out, he went to the vice president of the company and reported the situation. James was demoted by his boss, and no longer works on government projects. James has a:

Answer 1

Question Options:

A) cause of action for breach of implied covenant of good faith.

B) retaliation claim as a result of whistleblowing activities.

C) legitimate claim under bona fide occupational qualification (BFOQ).

D) disparate impact employment discrimination.

Answer: retaliation claim as a result of whistleblowing activities.

A retaliation claim involves an act whereby an employer treats an employee adversely when an employee alleges about any wrong, harassment or discrmination.

James was involved in whistleblowing which is the act whereby an individual passes information about a wrongdoing in an organisation. Based on this whistleblowing (reporting that particular batch of widgets did not meet the exacting requirements of the U.S) his boss demoted him( retaliation). Hence, James has a claim for retaliation.