Man stands up, thrusts out his right arm and shouts ‘Sieg Heil’

The scenario: A male employee who was more than 60 years old was continually questioned about his retirement plans. He said his boss frequently asked him when he was going to retire. When the older worker’s granddaughter was born, his boss said to him, “Now you can retire.” Another manager told him that most people his age had “retired by now.”

The staffer complained about the ageist comments, but no action was taken in response to his allegations.

One day the older crew member was engaged in a conversation with his boss about a “Happy Diwali” banner that appeared to depict a swastika. In jest, the older staff member stood up straight, clicked his shoes together, thrust out his right arm and shouted “Sieg Heil.” Several coworkers who witnessed the incident were offended by his Nazi salute.

Following an investigation, the employer fired the older staff member, saying his use of the Nazi salute violated its anti-harassment policy.

Legal challenge: The older employee sued for age discrimination.

The ruling The company won. The court dismissed the lawsuit. According to the judge, the worker failed to prove his age played a role in his firing. Yes, there had been a few offhand comments about his retirement plans, but there was no direct link between those statements and his dismissal. Rather, he was let go for a legitimate reason: Giving the Nazi salute in violation of his employer’s anti-harassment policy.

The skinny

It’s best to adopt a zero-tolerance attitude toward symbols of hate such as the Nazi salute. Even if a gesture is being done in jest, as was the case here, you still have to discipline the individual because someone might be offended by the behavior.

Cite

Dixon v. Excel Inc., U.S. District Court, S.D. Ohio, No. 2:24-cv-1891, 3/3/26.

(From the March 13, 2026, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here).