Quote Quoting cbg
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Let's put it this way.

Your former employee wouldn't have to work very hard to show a prima facie case. I told you on the other forum where I've seen this question that I'd rather be the attorney representing the employee than the one representing your employer. I would recommend doing whatever it takes to keep this from getting to a formal discrimination claim because right now, your chances of winning aren't very high IMO. Reinstate the employee, settle money on the employee, fire the hire-up; whatever it takes. But if this goes to the EEOC and eventually to court, you're toast.
I think that I would fire the higher up anyway. Any higher up who targets an employee just because they questioned a decision is a poor person to be in any kind of management position. What's more, I cannot see how you could reinstate the employee without firing the higher up. It would create a toxic work environment otherwise.