You may be right but I heard an employment lawyer (who typically represents employees not companies) speak today on that very topic and there are some problems with him claiming that. Unfortunately I didn't catch all the issues with his claim other than simply being fired after doing something the company doesn't like isn't enough to prove it's retaliatory and the fact he stated in a company email that the class of workers that is female is inferior because of their sex violated some company diversity policy. In any event, this will never get to a trial, Google will give him some money to shut up and go away.