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RILEY v. BENDIX CORPORATION

No. 71-3112.

464 F.2d 1113 (1972)

Charles B. RILEY, Plaintiff-Appellant-Cross Appellee, v. The BENDIX CORPORATION, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 12, 1972.

Attorney(s) appearing for the Case

William E. Kreuter, Frank McMillan, of Lovett, Kreuter & Holmes, Orlando, Fla., for appellant.

Julia P. Cooper, Chief, Appellate Section, E.E.O.C., G. Maxine Bethel, John de J. Pemberton, Jr., Acting Gen. Counsel, Washington, D. C., amicus curiae.

Stuart A. Smith, Washington, D. C., for National Jewish Commission on Law and Public Affairs, amicus curiae; Howard I. Rhine, New York City, Nathan Lewin, Washington, D. C., Sidney Kwestel, New York City, National Jewish Commission on Law and Public Affairs, of counsel.

Norman F. Burke, Orlando, Fla., for defendant-appellee, cross-appellant; Van Den Berg, Gay, Burke & Dyer, Orlando, Fla., of counsel.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 12, 1972.

TUTTLE, Circuit Judge:

The principal issue raised in this case is the meaning of the prohibition in Section 703(a)(1) of the Civil Rights Act of 1964, 42 U.S.C.A. 2000e-2(a)(1), against discrimination "because of religion."

The issue that is drawn may be posed by stating the positions taken by the respective parties. The employer, The Bendix Corporation, contends that when it employs a salaried...

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