Corine Proctor v. Consolidated Freightways Corporation of Delaware, a Delaware Corporation

Corine Proctor (hereinafter Proctor) appeals from the district court’s order granting summary judgment in favor of Consolidated Freightways Corporation (hereinafter Consolidated) on her Title VII complaint alleging employment discrimination based on religion. We reverse and remand because Proctor has established that a triable issue of material fact exists concerning whether Consolidated complied with its statutory obligation to initiate a good faith attempt to accommodate Proctor’s religious beliefs prior to terminating her. Proctor’s request for an award of attorney’s fees on appeal pursuant to 42 U.S.C. § 2000e-5(k) is denied without prejudice because she is not a “prevailing party” within the meaning of that statute.

I. PERTINENT FACTS AND PROCEDURAL HISTORY

Proctor commenced employment with Consolidated in January of 1968 as a payroll clerk. In 1974, she was promoted to a “balancing clerk,” a position in which she continued for 4 to 5 months. Proctor worked Saturday overtime when necessary as a balancing clerk. She was “bumped” from this position by a senior employee due to a reduction in workforce. Proctor then assumed the position of “data input clerk,” a lower-paid…