Hommel

Hommel v. Squaw Valley Ski Corp.

Good Law
89 F. App'x 650
United States Court of Appeals for the Ninth CircuitMarch 11, 2004No. 03-15170; D.C. No. CV-02-02518-WBSCalifornia311 words

Opinion

Lead Opinion

MEMORANDUM **

Jason Hommel (“Hommel”) appeals the district court’s dismissal of his complaint under 28 U.S.C. § 1915 (e)(2)(B)(ii) for failure to state a claim. We affirm.

Hommel argues that Squaw Valley engaged in employment discrimination based on religion in violation of Title VII of the Civil Rights Act of 1964, as amended, when Squaw Valley hired Hommel as a ski instructor, but then terminated him during the processing stage when he refused to *651 provide a social security number (“SSN”) for religious reasons.

Even if Hommel could establish a prima facie case of discrimination, this court held in Sutton v. Providence St Joseph Med. Ctr., 192 F.3d 826, 830 (9th Cir.1999), a case nearly factually identical, that accommodating an employee who refused to give a SSN for religious reasons was an “undue hardship” on the employer as a matter of law, precluding a Title VII claim. See Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir.1999) (en banc) (if employee proves prima facie case of employment discrimination, employer must show it could not reasonably accommodate employee without undue hardship). See also Ansonia Bd. of Education v. Philbrook, 479 U.S. 60, 67 , 107 S.Ct.…

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