NOYES v. KELLY SERVICES

No. 04-17050.

488 F.3d 1163 (2007)

Lynn NOYES, Plaintiff-Appellant, v. KELLY SERVICES, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2007.


Attorney(s) appearing for the Case

M. Catherine Jones, Law Office of M. Catherine Jones, Nevada City, CA, for the plaintiff-appellant.

Tyler M. Paketau, Winston & Strawn LLP, San Francisco, CA, for the defendant-appellee.

Before: PROCTER HUG, JR. and M. MARGARET MCKEOWN, Circuit Judges, and BARRY TED MOSKOWITZ, District Judge.


McKEOWN, Circuit Judge.

In this employment discrimination case, we address the plaintiff's 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...

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