United States Ninth Circuit
Berry v. Dep't of Soc. Servs., 04-15566
Summary judgment for defendant-public employer on constitutional and Title VII claims brought by an employee is affirmed where the public employer's interests in avoiding violations of the Establishment Clause and in maintaining a conference room as a nonpublic forum outweighed the resulting limitations on plaintiff's free exercise of his religion at work. Additionally, defendant was not required to further accommodate plaintiff's religious views under Title VII.
Appellate Information
- Argued 11/18/2005
- Decided 05/01/2006
- Published 05/01/2006
Judges
- CALLAHAN, Circuit Judge:, Before: FARRIS, TASHIMA, and CALLAHAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Anthony J. Poidmore, Roseville, CA, and Brad Dacus and James Griffiths, Pacific Justice Institute, Sacramento, CA, for the plaintiff-appellant.
- For Appellees:
- J. Scott Smith and Laurence L. Angelo, Angelo, Kilday & Kilduff, Sacramento, CA, for the defendants-appellees.