Carole Smith Apostolic Christian Worked Sales Associate Nickels Department Store One After Q28525811

Carole Smith, an Apostolic Christian, worked as sales associateat Nickels Department Store. One afternoon, during a break, Smithparticipated in a conversation about God, homosexuality, andsame-sex marriages. The next day, an employee told the manager thatSmith made inappropriate comments about gays to Casey, a Nickelsemployee who was gay. Over the next five weeks, Nickelsinvestigated the incident by interviewing and obtaining statementsfrom employees who were present during the conversation. In hisstatement, Casey reported that Smith pointed her finger and saidthat God does not accept gays, that gays should not be allowed tomarry or have children, and that they will burn in hell. Threeemployees confirmed Smith’s statements. Nickels terminated Smith’semployment after concluding she had engaged in serious harassmentin violation of its Discrimination and Harassment PreventionPolicy. This policy, of which Smith was aware, prohibits employeesfrom engaging in conduct that could reasonably be interpreted asharassment based on an individual’s status, including sexualorientation, and provides that employees who violate the policywill receive “coaching and/or other discipline, up to and includingtermination.” Nickels has “zero tolerance” for harassment”regardless of whether such conduct rises to the level of unlawfuldiscrimination or harassment” and treats serious harassment asgross misconduct and grounds for immediate termination