Evelyn Bodett, Wife David Bodett, Husband v. Coxcom, Inc., a Delaware Corporation

Evelyn Bodett and her husband, David Bodett, appeal an adverse grant of summary judgment on her claims of: (1) religious discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e to 2000e-17, the Arizona Civil Rights Act (“ACRA”), Ariz.Rev. Stat. §§ 41-1461 to -1467, and the Arizona Employment Protection Act (“AEPA”), Ariz.Rev.Stat. §§ 23-1501 to -1502; (2) violations of the First Amendment of the United States Constitution and Article 2 of the Arizona Constitution; and (3) wrongful discharge and intentional infliction of emotional distress under Arizona state law.

The district court found that Bodett was unable to rebut the evidence her employer, CoxCom, Inc. (“Cox”), submitted demonstrating a legitimate nondiscriminatory reason for firing Bodett — that she violated the company’s harassment policy by coercing and harassing an openly gay subordinate. Because Bodett has failed to raise an inference of disparate treatment and did not argue a concomitant “failure to accommodate” theory of discrimination, we affirm.

Facts and Procedural History

Evelyn Bodett, a white female approximately 52 years of age, is an evangelical Christian and, at the…