## Facts

- Shirley Peck worked for Sony Music Corp. (Sony).
- Peck’s supervisor was James Nevius.
- Peck testified in her deposition that Nevius regularly told her she was a “sinner” and had to “repent.”
- Peck testified that Nevius sang religious songs when Peck was around.
- Peck testified that Nevius prayed over Peck’s desk with another Sony employee.
- Peck asserted Nevius did not make similar statements or act in a similar manner toward Peck’s coworkers.
- Peck complained to Sony about Nevius’s conduct.
- Around the time Peck complained, Sony terminated Peck’s employment.
- Peck sued Sony under Title VII of the Civil Rights Act of 1964, asserting (1) religious harassment (hostile work environment) and (2) retaliatory discharge.
- Sony moved for summary judgment, arguing Nevius’s conduct was not sufficiently severe or pervasive to be actionable and that Peck was fired for nondiscriminatory reasons.

## Issues

1. Whether a reasonable jury could find, based on Peck’s evidence, that her supervisor’s repeated religious comments and conduct created a Title VII hostile work environment because of religion.
2. Whether Peck presented sufficient evidence for a reasonable jury to find that Sony terminated her employment in retaliation for complaining about the alleged religious harassment.

## Decision

- The U.S. District Court for the Southern District of New York decided the case on Sony’s motion for summary judgment.
- The court denied summary judgment at least as to Peck’s Title VII religious-harassment claim, concluding that Peck’s testimony about recurring, targeted religious comments and acts by her supervisor could support a hostile-work-environment finding.
- Available summaries of the decision do not clearly report the court’s specific disposition of Sony’s motion as to Peck’s retaliation claim.

## Legal Principles

- Title VII prohibits discrimination “because of” religion, including religious harassment that alters the terms and conditions of employment.
- A Title VII hostile work environment claim requires evidence that: (1) the plaintiff was subjected to unwelcome conduct, (2) the conduct occurred because of religion, and (3) the conduct was sufficiently severe or pervasive to create an abusive work environment.
- In assessing “severe or pervasive,” courts consider the overall context, including frequency, whether the conduct is humiliating or threatening versus a mere offensive utterance, and whether it unreasonably interferes with work.
- Repeated, supervisor-directed religious pressure (for example, telling an employee she is a “sinner” who must “repent,” coupled with overt religious acts directed at the employee) can be evidence from which a jury may find religiously based hostility.
- Title VII retaliation generally requires proof that the plaintiff engaged in protected activity, suffered an adverse employment action, and that the adverse action was causally connected to the protected activity.
- On summary judgment, the court views the evidence in the light most favorable to the nonmoving party and asks whether a reasonable jury could find for that party on the required elements.

## Conclusion

Peck v. Sony Music Corp. is a federal Title VII summary-judgment decision in which an employee alleged her supervisor repeatedly subjected her to unwanted, targeted religious comments and conduct—calling her a “sinner,” telling her to “repent,” singing religious songs around her, and praying over her desk—and that she was fired around the time she complained to Sony. The district court concluded that Peck’s evidence was sufficient to allow a jury to consider whether the supervisor’s recurring proselytizing created a hostile work environment because of religion, and it denied summary judgment at least on that claim; publicly available summaries do not clearly specify how the court resolved the retaliation portion of Sony’s motion.


Peck v. Sony Music Corp., 68 Fair Empl. Prac. Cas. 1025 (1995)