How have the courts interpreted the issue in this case?

Like the majority, the trial court erred in analyzing the issue as a question of fact. In making its question of fact determination the trial court incorrectly relied on Boire v. Greyhound (1964) 376 U.S. 473, 84 S.Ct. 894, 11 L.Ed.2d 849, a federal private employment case. Since this is a public employment case, we should look to public rather than private employment cases as precedent. (See infra, p. 517.)