Myers, Brier & Kelly, LLP successfully defended a large regional building supplier in an appeal brought by a former director and officer from dismissal of his religious discrimination claims. In a precedential opinion, the Third Circuit ruled that the plaintiff was not eligible to sue under Title VII because his status as shareholder, director and officer gave him substantial authority and a corresponding right of control over the business. The decision is an important victory for MBK’s client in that it affirmed the early dismissal of the plaintiff’s religious discrimination claims. The decision is also important to other employers in the Third Circuit because it clarifies who is eligible to sue as an “employee” under the federal fair employment laws. MBK lawyers involved in the case are Dan Brier, Donna Walsh and Jason Asbell.

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Click here for the published opinion: http://www2.ca3.uscourts.gov/opinarch/113148p.pdf