West Case Update

No Religious Discrimination Possible If Employer Ignorant About Complainant's Religion

Description Appeals court held that when an employer refused to hire a person, who then contended that he was not hired because of his religion, that a prima facie case was not established because the complainant could not show that the employer knew of the complainant's religion.

Topic Employment Discrimination

Key Words Religious Discrimination; Prima Facie Case

C A S E S U M M A R Y

Facts Lubetsky applied to work for Applied Card Systems. He was given several competency tests as part of the review process. He was told that he would be hired presuming the background checks went okay. He claimed that he then told the interviewer he was Jewish and wanted to know if he could take days off for religious purposes. He was told that he could. The job offer was not made when a supervisor, who did not interview Lubetsky, recalled having met him a year before and said he did not like him. Applied Card continued to look for a qualified person. Lubetsky sued for discrimination based on religion. The trial court dismissed the case. Lubetsky appealed.

Decision
Affirmed. Lubetsky failed to establish a prima facie case because there was no evidence that the supervisor who refused to hire Lubetsky knew that he was Jewish. There was no discussion of that fact between the supervisor and the interviewer at Applied Card. An employer cannot discriminate against a person based on religion unless the employer knows the individual's religion.

Citation Lubetsky v. Applied Card Systems, Inc., 296 F.3d 1301 (11th Cir., 2002)

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No Religious Discrimination Possible If Employer Ignorant About Complainant's Religion
Description	Appeals court held that when an employer refused to hire a person, who then contended that he was not hired because of his religion, that a prima facie case was not established because the complainant could not show that the employer knew of the complainant's religion.
Topic	Employment Discrimination
Key Words	Religious Discrimination; Prima Facie Case
C A S E S U M M A R Y
Facts	Lubetsky applied to work for Applied Card Systems. He was given several competency tests as part of the review process. He was told that he would be hired presuming the background checks went okay. He claimed that he then told the interviewer he was Jewish and wanted to know if he could take days off for religious purposes. He was told that he could. The job offer was not made when a supervisor, who did not interview Lubetsky, recalled having met him a year before and said he did not like him. Applied Card continued to look for a qualified person. Lubetsky sued for discrimination based on religion. The trial court dismissed the case. Lubetsky appealed.
Decision	Affirmed. Lubetsky failed to establish a prima facie case because there was no evidence that the supervisor who refused to hire Lubetsky knew that he was Jewish. There was no discussion of that fact between the supervisor and the interviewer at Applied Card. An employer cannot discriminate against a person based on religion unless the employer knows the individual's religion.
Citation	Lubetsky v. Applied Card Systems, Inc., 296 F.3d 1301 (11th Cir., 2002)