Filed: Jan. 08, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 8, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 05-31156 Summary Calendar _ ALLEN A. WATTS, Plaintiff-Appellant, versus SCHOOL BOARD OF ST. LANDRY PARISH; ETAL, Defendants, SCHOOL BOARD OF ST. LANDRY PARISH; HIGHLAND ELEMENTARY SCHOOL; CLAUD MOODY, Defendants-Appellees. _ Appeal from the U.S. District Court for the Western District of Louisiana Docket No. 6:04-CV-01135 _ Before
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 8, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 05-31156 Summary Calendar _ ALLEN A. WATTS, Plaintiff-Appellant, versus SCHOOL BOARD OF ST. LANDRY PARISH; ETAL, Defendants, SCHOOL BOARD OF ST. LANDRY PARISH; HIGHLAND ELEMENTARY SCHOOL; CLAUD MOODY, Defendants-Appellees. _ Appeal from the U.S. District Court for the Western District of Louisiana Docket No. 6:04-CV-01135 _ Before R..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS January 8, 2007
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
_____________________
No. 05-31156
Summary Calendar
_____________________
ALLEN A. WATTS,
Plaintiff-Appellant,
versus
SCHOOL BOARD OF ST. LANDRY PARISH; ETAL,
Defendants,
SCHOOL BOARD OF ST. LANDRY PARISH; HIGHLAND
ELEMENTARY SCHOOL; CLAUD MOODY,
Defendants-Appellees.
__________________________________________________
Appeal from the U.S. District Court for the
Western District of Louisiana
Docket No. 6:04-CV-01135
__________________________________________________
Before REAVLEY, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
Plaintiff Allen Watts appeals from the district court’s grant of summary
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion
should not be published and is not precedent except under the limited circumstances
set forth in 5TH CIR. R. 47.5.4.
judgment for the defendants. We affirm for the following reasons:
Watts has failed to establish a prima facie case of employment discrimination.
In the context of religious discrimination, a plaintiff makes out a prima facie case by
demonstrating that: “(1) he or she has a bona fide religious belief that conflicts with
an employment requirement; (2) he or she informed the employer of this belief; (3)
he or she was disciplined for failure to comply with the conflicting employment
requirement.” Turpen v. Missouri-Kansas-Texas R.R. Co.,
736 F.2d 1022, 1026
(5th Cir. 1984). Even assuming Watts can get past step one, he can go no further.
In his deposition, Watts said that he did not tell his employer, Claud Moody, about
any religious reasons for his apparently unkempt appearance. Further, Watts
asserted that Moody did not, in fact, know of his religious beliefs. In his brief to
this Court, Watts states that he “does not know whether the principal was aware of
his religion at all.” Watts Br. at 2. Moody affirms in an affidavit that he was
unaware of Watts’ religious beliefs. Because Watts has not established that his
employer knew of his religious beliefs, he cannot show that his failure to obtain a
janitorial position was based on religious discrimination.
AFFIRMED.
2