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CLOUTIER v. COSTCO WHOLESALE CORP.

No. 04-1475.

390 F.3d 126 (2004)

Kimberly M. CLOUTIER, Plaintiff, Appellant, v. COSTCO WHOLESALE CORP., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 1, 2004.

Attorney(s) appearing for the Case

Michael O. Shea for appellant.

Lynn A. Kappelman, with whom Seyfarth Shaw and Krista Green Pratt were on brief, for appellee.

Stephen A. Bokat, Ellen Dunham Bryant, National Chamber Litigation Center, Ann Elizabeth Reesman, Laura Anne Giantris, and McGuiness Norris & Williams, LLP, on brief for The Chamber of Commerce of the United States and the Equal Employment Advisory Council, amici curiae.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

Kimberly Cloutier alleges that her employer, Costco Wholesale Corp. (Costco), failed to offer her a reasonable accommodation after she alerted it to a conflict between the "no facial jewelry" provision of its dress code and her religious practice as a member of the Church of Body Modification. She argues that this failure amounts to religious discrimination in violation of Title VII, 42 U.S.C. § 2000e-2(a), and the corresponding Massachusetts...

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