Lynn Noyes v. Kelly Services, a Corporation

In this employment discrimination case, we address the plaintiffs burden to raise a triable issue of fact as to pretext under the familiar McDonnell Douglas burden-shifting regime in the context of a less familiar claim of “reverse” religious discrimination. Lynn Noyes alleges that a supervisory employee at her former employer, Kelly Services, Inc. (“Kelly Services”), was a member of a small religious group, the Fellowship of Friends (“Fellowship”), and that he repeatedly favored and promoted other Fellowship members. Noyes claims that she was passed over for a promotion because she does not adhere to the religious beliefs of the Fellowship, and that a Fellowship member was promoted instead. She appeals 6295 the district court’s order granting summary judgment in favor of Kelly Services on her Title YII disparate treatment claim and dismissing her state law claims for lack of subject matter jurisdiction.

We reverse the grant of summary judgment as to Noyes’ disparate treatment claim because the district court misapplied the applicable standard on summary judgment and because genuine issues of material fact exist as to pretext. We also reverse the dismissal of Noyes’ state law…