Utah Religious discrimination

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In order to establish a prima facie case in actions where the plaintiff claims that he was discriminated against because he did not share certain religious beliefs held by his supervisors, we hold that the plaintiff must show

  1. that he was subjected to some adverse employment action;
  2. that, at the time the employment action was taken, the employee's job performance was satisfactory; and
  3. some additional evidence to support the inference that the employment actions were taken because of a discriminatory motive based upon the employee's failure to hold or follow his or her employer's religious beliefs.

Upon such a showing, the plaintiff is entitled to the benefit of the McDonnell burden-shifting scheme and its presumptions.


Shapolia v. Los Alamos Nat. Lab., 992 F.2d 1033, 1038 (10th Cir. 1993)