The Fifth Circuit Court of Appeals recently revisited an earlier opinion regarding religious discrimination. Nobach v. Woodland Village Nursing Ctr., Inc., No. 13-60378 (5th Cir. Aug. 20, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/13/13-60378-CV1.pdf.
The Fifth Circuit previously reversed the trial court’s denial of the employer’s motion for judgment as a matter of law. The plaintiff then petitioned for a writ of certiorari from the United States Supreme Court. The Court granted the writ and vacated and remanded the case for reconsideration in light of its recent opinion in a religious discrimination case.
The Fifth Circuit again ruled that the trial court’s denial of the employer’s motion for judgment as a matter of law was in error. The plaintiff was fired for refusing to pray the Rosary with a resident in a nursing home facility. Immediately after she had been terminated, she told her employer that she refused to pray the Rosary because it was against her religious beliefs. But, because the plaintiff failed to put on any evidence that her employer knew or suspected that religion motivated the plaintiff’s refusal to do a work-related task before the termination meeting, the plaintiff could not prove that her employer discriminated against her because of her religion.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment law attorney about workplace discrimination, send an email to firstname.lastname@example.org or call (214) 239-2705.