Yes, 'sexual misconduct' might not be accurate based on the companies standards but by the EEOC's definition, having a physical relationship with a subordinate is a slippery slope.

Also...this is factually incorrect:

>Hostile Work Enviroment claims don't arise from a person
>yelling at people despite how people often use the phrase.

Actually the EEOC defines hostile work environment as:

"Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive."

Yelling and screaming on folx is intimidating, hostile AND abusive. I'm sure he didn't facilitate people doing the same to him. He's all types of wrong and the NDA (for what exactly...what are the trade secrets he's trying to protect?) was put in place to protect him.