Reporting workplace sex isn't 'protected activity': Court

An employee catches two co-workers having sex in a storage area. He reports the incident to management. A few months later, he’s fired for lying on his job application. He sues, claiming he was fired in retaliation for turning in his co-workers for making whoopee. Did he win?
No. A federal district court in Utah dismissed the case. The reason: Reporting that two employees were having sex is not “protected activity” under federal discrimination laws.
Here’s what happened: Chris Zimpfer was hired by Aramark as a grounds worker.
During the course of his duties, he and another employee unlocked a supply closet — and “found the housekeeping supervisor and one of the housekeeping workers engaged in sexual activity,” to quote the judge’s decision.
The two reported the incident to the Facility Manager, but no action was taken. Zimpfer, dissatisfied with the lack of action, reported the incident to HR.
Later, his supervisor asked Zimpfer to produce a valid driver’s license; it was a requirement of the job, the supervisor said. When Zimpfer couldn’t produce a valid license, he was fired.
Zimpfer sued, saying his termination was retaliatory.
The judge wasn’t moved by his argument. The “isolated incident” didn’t fall into an area of protected activity, the court wrote: “Mr. Zimpfer stumbled upon two persons engaged in sexual activity, which was not directed at him or his status as a man.” Case dismissed.
Cite: Zimpfer v. Aramark Management Services. For a look at the full decision, go here.