Gordon was a food services attendant at Arlington Home for the Aged. His job description included preparing food and assisting residents who could not feed themselves. Gordon had been working with his employer for almost three years when he was involved in an incident that led to his dismissal. On the day in question, Gordon was working in the kitchen with two female co-workers, washing dishes and preparing food. Music was playing on the radio and one of his co-workers asked him, "Are you going to do a little dance for us?" The other employee asked, "Are you uncomfortable with your body?" Gordon left the kitchen, went to a nearby storage room, removed all his clothing and went back to the kitchen. He streaked in front of his two co-workers, waving his arms to get their attention. The incident lasted a few seconds. Gordon returned a few minutes later with his clothes on and laughed about what he had done.

The next day, Gordon bragged to several co-workers about what he had done and how funny it was. When management questioned Gordon, he admitted that he had streaked his co-workers. The employer investigated the incident and found that Gordon had no explanation for his behavior other than he was joking with his co-workers. Gordon apologized to his co-workers after management spoke to him.The employer had a code of conduct and policy on workplace harassment in place, which provided that if the policy was breached the penalties included dismissal. It was confirmed in the investigation that Gordon attended training on these policies and was aware of their content. A review of Gordon's file found no issues of any discipline or performance issues. The employer terminated Gordon and his letter of termination stated that he had violated the employer's policies and the employer could not condone sexual harassment in the workplace.