Miami worker who smeared oily crosses over co-workers cubicles loses discrimination lawsuit as federal judge throws out case

A federal judge has denied the claims of a man who was fired after anointing office desks.  Two years ago, Eric Cheeley, a devout Pentecostal, decided to anoint the tables in his Miami office. He went from cubicle to cubicle and smeared the desks with oil in the shape of a cross. He was already out of the office when his co-workers saw the crosses, the Miami New Times reported.

One employee thought the cross represented Santeria and saw it as a possible threat. The office was shut down while the police investigated the incident.

Cheeley arrived around lunchtime and explained what happened. "[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 told the police.

Cheeley was fired the next day and he sued for religious discrimination. Because he claimed never to have been reprimanded for the entire duration of his employment, the complaint stated that his termination was "retaliation for the expression of his religious beliefs."

A federal judge ruled against Cheeley's claim last month. The judge stated that Cheeley failed to prove that he was fired due to religious discrimination instead of ruining office property.

According to the District Court's order, Cheeley's co-workers reported to the police that someone had vandalized their office's furniture.

In his decision, U.S. District Judge Robert Scola wrote, "Cheeley's application of the oily substance caused actual damage to his employer's property and disrupted its business."

Although his claim was denied, Cheeley may still take his case to the state courts.

City officials contended that Cheeley could have been arrested for vandalism. His case was referred to the State Attorney's Office for prosecution after the police investigation but he was not charged.