3rd Circuit: Officer-Director of Closely Held Company Is Not Protected Against Religious Discrimination Under Title VII

In Mariotti v. Mariotti Building Products, Inc., (3d Cir., April 29, 2013), the U.S. 3rd Circuit Court of Appeals dismissed a Title VII religious discrimination claim brought by an officer-director-shareholder of a family owned corporation. Plaintiff Robert Mariotti was terminated as an employee and ultimately not re-elected to the board because of objections by other family members-- who were shareholders of the company-- to his "spiritual awakening." Applying the test developed in a parallel situation in the 2003 U.S. Supreme Court decision in Clackamas Gastroenterology Associates, PC v. Wells, the 3rd Circuit concluded that plaintiff's authority and control over the business preclude his being considered an "employee" covered by Title VII. Thompson Reuters reports on the decision.