Francis v. Mineta
Court of Appeals for the Third Circuit
1Opinion of the Court
McKEE, BARRY and STAPLETON, Circuit Judges, STAPLETON, Circuit Judge, concurring.
OPINION
(October 10, 2007)
Albion Francis, a former federal employee, appeals the District Court’s dismissal, pursuant to Fed. R. Civ. P. 12(b)(1), of the employment discrimination claim he attempted to bring under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb-2000bb-4. The District Court held that it lacked subject matter jurisdiction over Francis’s claim of religious discrimination because any such claim must be brought under Title VII of the Civil Rights Act of 1964. The District Court also held…
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