Anthony E. Clark v. The Salvation Army

U.S. Court of Appeals for the Eleventh Circuit

Anthony E. Clark v. The Salvation Army

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

No. 08-14024 ELEVENTH CIRCUIT

JANUARY 27, 2009

Non-Argument Calendar

THOMAS K. KAHN

________________________

CLERK

D. C. Docket No. 07-00337-CV-1-VEH ANTHONY E. CLARK,

Plaintiff-Appellant,

versus THE SALVATION ARMY, LLC, a Corporation,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Northern District of Alabama

_________________________

(January 27, 2009) Before TJOFLAT, BLACK and BARKETT, Circuit Judges. PER CURIAM:

In this case, Anthony E. Clark sued The Salvation Army (“TSA”) under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), claiming that it refused to hire him to a vacant position of social worker because he is a Roman Catholic and, moreover, “not a practicing Christian.” As remedies, Clark sought injunctive relief, back pay, damages, and attorney’s fees. The district court granted TSA summary judgment on the ground that 42 U.S.C. § 2000e-1(a) exempts religious organizations from Title VII’s prohibition against employment discrimination on the basis of religion. Clark now appeals the court’s judgment.

Section 2000e-1(a) “exempts religious organizations from Title VII’s prohibition against discrimination in employment on the basis of religion.” Corporation of Presiding Bishop of Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327, 329, 107 S.Ct. 2862, 2865, 97 L.Ed.2d 273 (1987); 42 U.S.C. § 2000e-1(a). The district court ruled correctly. Its judgment is accordingly

AFFIRMED.

2

Reference

Status
Unpublished