9th Circuit Decides Burden of Proof In Reverse Religious Discrimination Case

In a 9th Circuit case from last month, the court decided on the appropriate burden that a plaintiff must carry to avoid dismissal before trial in a case alleging "reverse" religious discrimination under Title VII. In Noyes v. Kelly Services, (9th Cir., May 29, 2007), a former Kelly Services employee alleged that her supervisor repeatedly favored and promoted his coreligionists-- members of the Fellowship of Friends-- and passed over Noyes for promotion because she was not share those religious beliefs. The court held that once the employer articulated a non-discriminatory reason to explain a prima facie showing of discrimination, the plaintiff needed to come forward with proof that the explanation was a pretext. At the summary judgment stage, plaintiff can raise enough of an issue that the case must go to trial if she presents either direct evidence of discrimination or indirect evidence that undercuts the credibility of the employer's explanation.