United States Ninth Circuit

In the context of employment discrimination and a claim of "reverse" religious discrimination, a plaintiff may raise a triable issue of fact as to pretext under the McDonnell Douglas burden-shifting regime via: 1) direct evidence of the employer's discriminatory motive; or 2) indirect evidence that undermines the credibility of the employer's articulated legitimate, nondiscriminatory reason for its employment decision. In an employment discrimination case claiming that plaintiff was passed over for a promotion because she did not adhere to certain religious beliefs, summary judgment for defendant on a disparate treatment claim is reversed where: 1) the district court misapplied the applicable standard on summary judgment; and 2) genuine issues of material fact existed as to pretext.

Appellate Information

• Argued 11/15/2006
• Decided 05/29/2007
• Published 05/29/2007

Judges

• McKEOWN, Circuit Judge., Before:  PROCTER HUG, JR. and M. MARGARET MCKEOWN, Circuit Judges, and BARRY TED MOSKOWITZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• M. Catherine Jones, Law Office of M. Catherine Jones, Nevada City, CA, for the plaintiff-appellant.


• For Appellees:
  
• Tyler M. Paketau, Winston & Strawn LLP, San Francisco, CA, for the defendant-appellee.