Equal treatment not defense against whistleblower claim

An employee’s claim under a state whistleblower protection law is not defeated because an employer suspended both the employee who filed a criminal complaint for sexual assault and the accused co-employee from their jobs in a sheltered workshop. 

A nonprofit providing services to persons with mental health issues and other disabilities sought to have the claim dismissed because it treated its two client employees equally.  A trial court in Michigan agreed and dismissed the case.  An appellate court has reversed.