Robert Johnson v. Apna Ghar, Inc.

WILLIAMS, Circuit Judge.

Robert Johnson sued Apna Ghar, Inc. for discrimination in employment, in violation of Title VII of the Civil Rights Act, asserting that Apna Ghar rejected his job application because he is male. In granting Apna Ghar’s motion to dismiss for lack of subject matter jurisdiction, the district court relied on United States v. Morrison, 529 U.S. 598, 120 S.Ct. 1740, 146 L.Ed.2d 658 (2000) and United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), and found that it would be an unconstitutional exercise of the commerce clause to subject Apna Ghar to…