Cemetery, two employees respond to religious harassment allegations

Oak Grove Cemetery and two of its employees responded to allegations of anti-Semitic harassment made by a former employee.
The cemetery, Fred Drummond and James Overfield all deny claims of religious harassment, reprisal for reporting religious harassment and common law wrongful termination made by Joshua Kyle in a lawsuit.
The response seeks the dismissal of all those charges and judgment in the favor of the defendants, with costs.
It is admitted that Drummond said white power while joking with Kyle, however Kyle made similar remarks in reaction, the response said. Allegations the two yelled white power at Kyle are denied.
Drummond and Overfield would greet Kyle by extending their right arm outwards, however the response denies that the gesture was intended as a “Nazi salute” as alleged by Kyle’s suit.
Kyle made a verbal complaint about interactions with other employees to Karl Yagle, president of Oak Grove Cemetery, but he did not specifically mention Drummond or Overfield were being discriminatory or harassing, the response said.
It also denies Yagle failed to take any action after the complaint was made and states Yagle spoke to each of the cemetery’s laborers and told them to not make any offensive comments or gestures.
The allegation that Kyle was demoted following his report to Yagle is denied, as is the fact that Kyle regularly performed the duties of an undertaker.
“(Kyle) assisted Drummond with interment-related duties on a few occasions,” the response said.
In his suit, Kyle alleges after The Dominion Post published an article about his experience at the cemetery, he was exposed to further harassment. Yagle did tell Kyle another employee would need to report the alleged conduct for him to take further action.
However, Kyle’s claim that a private citizen who witnessed Drummond perform a Nazi salute and complained about it is denied. There was a complaint about employee conduct, but it was not related to Drummond or Overfield, the response said.
The allegation that following the article, Overfield stared at Kyle while riding past on a mower and made a throat-slitting motion is denied.
Kyle’s suit also alleged Drummond drove by Kyle’s house while staring at his family. The response admits Drummond inadvertently drove by Kyle’s house when he made a wrong turn taking a co-worker home but denies he stared at Kyle’s family.
Kyle again complained to Yagle, both suit and response agree, but the response denies Yagle didn’t act and that he told other employees if they were behaving that way, to stop the alleged behavior immediately.