No, he's not; none of race or sex discrimination (both under federal and state law), nor political coercion (under California state law) are new protections.

> to protect actions that clearly constituted creating a hostile work space based on long established precedent.

That would be a problem in a direct action suit over his firing, but what he has actually filed is a class action alleging a pattern and policy of discrimination on three different prohibited bases. While there are challenges in doing that, they are different than the challenges in a direct action.