You can get sued by anyone for anything, but my read was that Mozilla's board intentionally wanted to avoid promoting from within because they fired Baker in order to try to change things. The first thing he was asked to do was lay off a bunch of people from the product team, and the complaint also says that Baker was removed suddenly (despite her characterizing it as voluntary) [0]. The board that just fired her can hardly be expected to follow her recommendation for who should be CEO next, and it seems that they weren't happy with the way his org was structured either.

We'll see what happens as the lawsuit unfolds, but I'd be pretty surprised if there is proof that the discrimination was health-based and not due to the fact that he was the CPO who worked with Baker during whatever it was that made them decide to fire her.

[0] From the complaint:

> The board decision to removle Ms Baker was so abrupt that they did not conduct a search for a successor, resulting in the naming of one of their own board members, Ms Chambers, as interim CEO.