Chaudhry

I. INTRODUCTION

Plaintiff and appellant, Ashfaq Chaudhry, is a Sunni Muslim and a correctional

officer employed by defendant and respondent, California Department of Corrections and

Rehabilitation (CDCR). After he requested and was denied a shift change to allow him to

attend Taraweeh prayers during the Muslim Holy Month of Ramadan, he sued CDCR for

violation of the Fair Employment and Housing Act (FEHA). (Gov. Code, § 12940.)

CDCR moved for summary judgment based on grounds, among others, that Chaudhry

could not establish a prima facie case of discrimination because there was no conflict

between Chaudhry’s religious observance and his work requirements. CDCR also

asserted that if Chaudhry could establish a prima facie case, CDCR reasonably

accommodated his religious observance.

Following a hearing, the trial court granted CDCR’s motion. The court found that

CDCR met its burden of showing that Chaudhry could not establish a prima facie case for

discrimination and could not establish the existence of triable issues of material fact.

Reviewing the case de novo, we conclude, as the trial court did, that there are no

triable issues of material fact as to the existence…