United States Third Circuit

In a former federal employee's employment discrimination claim that he attempted to bring under the Religious Freedom Restoration Act after he was fired for not cutting his dreadlocks, dismissal of the claim is affirmed where: 1) the district court erred in dismissing the claim for lack of subject matter jurisdiction as it had federal question subject matter jurisdiction; and 2) Rule 12(b)(6) dismissal was proper for failure to state a claim upon which relief can be granted as plaintiff's claim was actually a Title VII claim, not one under the RFRA, and plaintiff failed to exhaust his administrative remedies under Title VII.

Appellate Information

• Argued 12/06/2006
• Decided 10/10/2007
• Published 10/11/2007

Judges

• Before:  McKEE, BARRY and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Vincent A. Colianni, Esq. (Argued), Colianni & Colianni, Christiansted, VI, for Appellant.


• For Appellees:
  
• Peter D. Keisler, Esq., Assistant Attorney General, Anthony J. Jenkins, Esq., United States Attorney, Marleigh D. Dover, Esq., Matthew M. Collette, Esq. (Argued), Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., for Appellees.