Rains

This appeal raises the question whether a plaintiff may allege a violation of Title VII of the Civil Rights Act of 1964’s policy against religious discrimination as part of a state law cause of action without converting his claim *342 into a Title VII action or an action that depends on a substantial federal question. We hold that he may, and that in this case he did. We therefore conclude that the district court lacked jurisdiction. Accordingly, we vacate the district court’s order granting summary judgment against the plaintiff and direct that court to remand the ease to state court.

Since our opinion turns on federal question jurisdiction, not the merits of plaintiffs claims, we will provide an abbreviated version of the facts and allegations underlying this lawsuit. In 1989, Criterion Systems, a California-based medical equipment consulting firm, hired Randolph Rains as a hospital equipment-planner. In the summer of 1990, Anthon Freitas, the owner of Criterion Systems, placed Rains in charge of a number of projects in San Diego for a major client, Kaiser Permanente.

On October 30, 1990, Rains became involved in a discussion concerning religion with Paul Fice, the Kaiser…