Lynn Noyes alleges that she was not promoted to Software Development Manager (SDM) by her employer, Kelly Services, because she was not a member of a small religious group, the Fellowship of Friends, which owns a compound nearby. Fellowship members are required to donate ten percent of their gross monthly income to the Fellowship.???? ?William?? Heinz,? ?who? ?made? ?the decision not to promote Noyes, was a member of the Fellowship.? ?He relied on input from other employees, two of whom he told?inaccurately, Noyes asserted–that Noyes was not interested in the ?position.???? Heinz ?offered ?the ?promotion ?to Donna Walker, who was not a Fellowship member but she declined because she already held a similar position.? ?Heinz then promoted Joep Jilesen, a Fellowship member, and the only other employee under consideration.??? The trial court granted summary judgment to Kelly Services. ?Reversing, the Ninth Circuit found sufficient evidence of pretext to survive summary judgment:?? (1) Heinz told others that Noyes was not interested in the promotion, which was not true; (2) Heinz claimed that Jilesen was chosen based on a consensus reached with two other managers, but at least one of them said the decision was made by Heinz; (3) Heinz had pressured Noyes to support promoting Jilesen by saying that otherwise Jilesen would have to leave the country; (4) Jilesen was paid $4,800? more? than? Noyes in? the? same ?position although Noyes had an MBA and six years more seniority; (5) Heinz said he wanted to promote Jilesen in at a higher salary to support his ?lifestyle.?? ?Noyes also presented statistical evidence of the number of Fellowship members hired and promoted.? ?Noyes v. Kelly Services, No. 04-17050 (May 29, 2007)
Court Reverses Summary Judgment Finding Pretext of Religious Discrimination.
May 29, 2007