Donald Zarda worked in 2010 as a sky-diving instructor at Altitude Express. Part of his job was to participate in tandem skydives with clients, in which he was necessarily strapped in close proximity to the client. A gay man, Zarda sometimes told female clients about his sexual orientation to address any concern they might have about being strapped to a man for a tandem skydive. On one occasion after Zarda informed a female client about his sexual orientation and performed the tandem jump with her, the client alleged that Zarda had inappropriately touched her and disclosed his sexual orientation to excuse his behavior. In response to this complaint, Zarda's boss fired him. Zarda denied touching the client inappropriately and claimed that he was fired solely because of his reference to his sexual orientation.