The theory was that he filed a complain alleging discrimination (positive), and that this firing is arguably retaliatory for that whistle-blowing, so it makes s

The theory was that he filed a complain alleging discrimination (positive), and that this firing is arguably retaliatory for that whistle-blowing, so it makes sense that he's seeking protection under that. I don't think he would have a leg to stand on otherwise, and presumably if he succeeds in this matter it will be a technical victory.