8th Circuit Denies Review of Religious Discrimination Judgment on Procedural Grounds

In EEOC v. Southwestern Bell Telephone, LP, (8th Cir., Dec. 19, 2008), the U.S. 8th Circuit Court of Appeals dismissed on procedural grounds an appeal by AT&T of a Title VII religious discrimination judgment against it obtained by the Equal Employment Opportunity Commission on behalf of two former Jehovah's Witness employees. AT&T refused to allow the two employees to take a vacation day to attend their annual religious convention. The employees were fired when they took the time off anyway. AT&T claimed that the employees did not hold a sincere religious belief requiring attendance at the conference and that they failed to mitigate damages. While AT&T had filed a motion for judgment as a matter of law under FRCP 50(a) before the case went to the jury, it failed to renew the motion through a Rule 50(b) motion after the verdict was rendered. (See prior related posting.)