QUOTE (Dick Allen @ May 1, 2012 -> 06:31 PM)
If a black employee did the same thing or a woman or any of the protected classes, and they fired them, wouldn't disparate treatment come into play?
No...discrimination applies to how someone in a protected class is treated...it doesn't reach to the level of saying all employees must be treated the same as the best employee might be treated, or a particular white male might be treated...a company has every right to determine it doesn't want to fire someone...that doesn't mean they then have to adopt that same behavior for everyone.
Now if the Sun-Times established a pattern of treating all white males in this fashion, and meanwhile, treated all minorities or one set of minorities in a much different fashion, i.e., they terminated all black employees for tweeting the same things, then you might have something...but even that might be difficult to prove...