Judge Rules Against Pentecostal Man Fired for Anointing Office With Oily Crosses
Eric Cheeley, a devout Pentecostal Christian who sued the city of Miami for religious discrimination after he was fired from the capital improvements department for anointing the office with oily crosses because he wanted to "just bless the department" had his claim denied by a federal judge last month.
According to the Miami New Times, two years ago Cheeley arrived at his job at the capital improvements department at around 6 a.m. and began his ritual morning Bible reading at his desk when he felt an unction from the Lord.
"[I] was sitting in my cubicle crying; I thought I heard what, in my opinion, God telling me: 'Look, just bless the department ... and go on about your business,'" Cheeley, who also sued for back pay and attorneys' fees, told police.
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His colleagues, however, did not see his actions as a blessing.
Facts cited in a copy of the lawsuit say city employees called police to report that someone had vandalized their office, applying an oily substance, mostly in the shape of crosses, all over the CIP department's walls, doorways, and cubicles.
The investigation forced a shutdown of the entire department. The Miami New Times said employees called the police because they feared the crosses were some sort of workplace threat. One employee thought the crosses represented Santería — a religion that focuses on building relationships between human beings and powerful, but mortal, spirits, called Orishas. Cheeley, who was already out in the field working when his colleagues arrived, had no idea what was going on when his colleagues got scared at his handiwork.
When he eventually heard about the police investigation, Cheeley took responsibility and told his supervisor, Mark Spanioli, that he had anointed certain areas of the office with a special oil to "just bless the department."
He was fired the following day.
"For the duration of his almost seven years of employment, Mr. Cheeley was an exemplary employee [and] was never reprimanded in any way, except for the discriminatory termination and retaliation for the expression of his religious beliefs," Cheeley's complaint stated.
In response to Cheeley's claim, however, the federal judge said he failed to prove the city fired him for religious practices rather than for ruining its property.
"Cheeley's application of the oily substance caused actual damage to his employer's property and disrupted its business," U.S. District Judge Robert Scola Jr. wrote in his decision. "These facts are undisputed."
"Since the city met its burden, Cheeley must present evidence that the city's proffered reason is merely pretext for illegal religious discrimination. He has failed to do so. Instead, Cheeley quarrels with the city's use of the word vandalism, arguing that it is inapplicable to the anointing process, and complains that the city's termination letter failed to state the reasons for his dismissal. Cheeley also points to the fact that "Mark Spaniolo, who recommended termination, was aware that plaintiff was Pentecostal, and that … the anointing was done as a result of plaintiff's religious practice of anointing.
"None of this is enough. Even were it conceded that the city was mistaken in the legitimacy of the reasons underlying Cheeley's termination — for example, that the anointing turned out to be not truly vandalism and that there was no employer rule against defacing city property — the relevant inquiry is whether the city believed that Cheeley's actions warranted his termination," Scola argued in denying Cheeley's claim.
Although Scola denied the federal claim, however Cheeley can continue to fight the case in state court, according to the Miami New Times.
