EMPLOYER DISCRIMINATION; DEFENSES – Misconduct

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Goddard’s conduct in disclosing a confidential communication did not lose its protected nature since he was simply reporting a conversation that he believed to be unlawful that he overheard while performing his regular duties. There was no evidence of bad faith or knowledge that the report might be untrue. The District had no specific rule regarding confidentiality and in any event, a rule that prohibits reporting violations of the MMBA is facially unlawful.