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E.E.O.C. v. UNION INDEPENDIENTE DE LA AUTORIDAD

No. 00-2478.

279 F.3d 49 (2002)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Appellee, v. UNIÓN INDEPENDIENTE DE LA AUTORIDAD DE ACUEDUCTOS Y ALCANTARILLADOS DE PUERTO RICO, Defendant, Appellant, Autoridad De Acueductos Y Alcantarillados De Puerto Rico, Rule 19 Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 4, 2002.

Attorney(s) appearing for the Case

Marcos A. Ramírez-Lavandero, with whom Ramírez Lavandero, Landrón & Vera and Eduardo A. Vera-Ramírez, were on brief for appellant.

Susan L.P. Starr, Attorney, with whom Gwendolyn Young Reams, Acting Deputy General Counsel, Philip B. Sklover, Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, were on brief for appellee Equal Employment Opportunity Commission.

Roberto Ariel Fernández, with whom Lespier & Muñoz-Noya, were on brief for appellee Autoridad de Acueductos y Alcantarillados.

Before BOUDIN, Chief Judge, KRAVITCH, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

TORRUELLA, Circuit Judge.

The appellant, a labor organization, challenges the district court's entry of summary judgment in favor of the Equal Employment Opportunity Commission ("EEOC") on a claim of religious discrimination. Because we conclude that the record evidence reveals a disputed issue of fact with respect to an element of the EEOC's prima facie case, we reverse.

I. BACKGROUND

In accordance with ordinary summary judgment protocol, we recite...

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