Appeals Court Upholds Firing of Walmart Worker for Anti-gay Harrassment

A US Appeals Court ruled on March 30 that Walmart was justified in firing an employee for harassing a lesbian coworker. The employee had claimed the retail giant violated the 1964 Civil Rights Act, accusing the company of firing her for her religious beliefs.

GayCityNews reports:

According to the unsigned ruling, Tanisha Matthews, who describes herself as an Apostolic Christian, worked as an overnight stocker at a Wal-Mart store in Joliet, Illinois. While on a break, she took part in a heated conversation with other employees about God and homosexuality.

Another employee who participated reported to management that Matthews was "screaming over her" that God does not accept gays, they should not "be on earth," and they will "go to hell" because they are not "right in the head." During a company investigation of the incident, five other employees confirmed that Matthews said gays are sinners who are going to hell.

Wal-Mart managers considered these remarks to be "serious harassment" in violation of the company's "Zero Tolerance" harassment policy, which bars any conduct that could be interpreted as harassment on the basis of categories that include sexual orientation. Serious harassment is considered "gross misconduct" that is grounds for dismissal.

Matthews sued, claiming religious discrimination in violation of the 1964 Act. She pointed out that her work record up until then had been satisfactory, so it was clear she was fired for her religiously-based statements about gay people.

The district court granted summary judgment to Wal-Mart, finding there was no direct evidence of discrimination and no indication other employees received more favorable treatment. Matthews appealed.

The appeals court ruling stated, "If Matthews is arguing that Wal-Mart must permit her to admonish gays at work to accommodate her religion, the claim fails." The court pointed out, "Wal-Mart fired her because she violated company policy when she harassed a co-worker, not because of her beliefs, and employers need not relieve workers from complying with neutral workplace rules as a religious accommodation if it would create an undue hardship. In this case, such an accommodation would place Wal-Mart on the 'razor's edge' of liability by exposing it to claims of permitting work-place harassment."

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• Wal-Mart's right to fire anti-gay employee upheld (queerlandia.com)
• Court: Anti-Gay Christian Bigot Not Protected by 1964 Civil Rights Act (towleroad.com)
• Walmart Workers Cannot Tell Gay Colleagues They Are 'Going To Hell' Based On Religious Beliefs: Court (queerty.com)

Lesbian Couple Sues Neighbor for Burning Their Home

Yesterday I posted a story about a North Carolina couple whose home was burned to the ground after months of anti-gay harassment and vandalism. This morning I came across the story of a lesbian couple in Tennessee who are fighting back against a neighbor who burned their home after years of unrelenting harassment against them and their daughter.

The fire took place over the Labor Day weekend in September, 2010 while the family was away. The fire is being investigated by the FBI as a hate crime. The women filed a lawsuit against their former neighbor last week. Via WBIR, Knoxville:

Two Vonore residents filed a suit against their neighbor on Tuesday saying their neighbor set fire to their home last September as a hate crime.

After the fire, Carol Ann and her partner Laura Stutte found the word "queers" painted on the side of their garage.

According to Carol Ann and Laura, their neighbor told them, "the only thing better than one dead queer is two dead queers."

The Stuttes moved into the home in June of 2005. Police reports state that for years before the fire, Carol Ann and Laura were harassed by their neighbor, but no arrests were made.

According to court documents, several times the neighbor threatened to poison the Stutte's dogs. The neighbor lured the dogs into the backyard of their home and gave them meat. One of the dogs died after an incident.

The documents also explain that the neighbor would come onto the Stutte's property without their permission. They would also watch the Stuttes through their windows.

When the neighbor was close to the Stuttes, they would say things such as they could have "killed them right then" and "there's bodies in these hills that no one will ever find." The neighbor also told Carol Ann and Laura that they had friends on the police force that would ensure they would never be caught.

In June of 2010, the neighbor accepted a delivery of an insulin pump which was meant for the Stutte's live-in daughter. The neighbor told both the Stutte's and UPS officials they had taken the pump, but refused to return it. The daughter and the Stutte's do not have the the money to pay for a new pump and the pump still has not been replaced.

The Stuttes decided to sell their home in August of 2010, one month before the fire.

Fire officials called the Stuttes while they were on vacation in September of 2010 to let them know that their home was a total loss after the fire. Several days later the Stuttes also noticed their trailer had been vandalized. When the Stuttes visited their damaged home, the neighbor laughed at the Stuttes.

The Stuttes are suing the neighbor for trespassing and conversion, intentional infliction of emotional distress and malicious harassment.

Related articles

• Same-Sex Couple Sues Neighbor For Alleged Hate-Crime [Law And Order] (jezebel.com)
• Who Does This Tennessee Lesbian Couple Think Burned Their House Down? The Homophobic Neighbor (queerty.com)
• Tennessee Lesbians Sue Over Alleged Arson (lezgetreal.com)
• North Carolina Gay Couple's House Set On Fire, But It Can't Be Considered A Hate Crime (queerty.com)