Hewlett-Packard (HP) launched a workplace diversity campaign that consisted of hanging posters entitled “Diversity Is Our Strength.” Each poster depicted an HP employee above the caption “Black,” “Blonde,” “Old,” “Gay,” or “Hispanic.” In response to the “Gay” posters, employee Richard Peterson, a self-described “devout Christian” who believes homosexual activities violate the commandments in the Bible, posted two biblical passages on an overhead bin in his work cubicle. One stated: “if a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination; they shall surely be put to death; their blood shall be put upon them.’ Leviticus 20:13.”

Peterson’s direct supervisor removed the postings after she determined that they violated HP’s policy prohibiting harassment, which stated: “Any comments or conduct relating to a person’s race, gender, religion, disability, age, sexual orientation, or ethnic background that fail to respect the dignity and feeling [sic] of the individual are unacceptable.”

Peterson informed management that HP’s diversity campaign was an initiative to “target” heterosexual and fundamentalist Christian employees by condoning homosexuality. Peterson once again posted the verses in his cubicle and stated that he would not remove them unless HP removed the “Gay” posters. Peterson was subsequently terminated for insubordination. Does Peterson have a valid claim of religious discrimination against HP? Do Peterson’s gay coworkers have a claim against HP for Peterson’s postings? [Peterson v. Hewlett-Packard, 358 F.3d 599 (9th Cir. 2004).]