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Mariotti v. Mariotti Building Products, Inc.

714 F.3d 761 (2013)

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Mariotti v. Mariotti Building Products, Inc.

United States Court of Appeals for the Third Circuit

714 F.3d 761 (2013)

Facts

Robert Mariotti (plaintiff) was heavily involved in his father’s business, Mariotti Building Products, Inc. (MBP) (defendant) from the 1960s until his termination in 2009. Mariotti served as MBP’s vice president and secretary, was a member of MBP’s board of directors, and was a shareholder. In 1995, Mariotti had a spiritual awakening that put him at odds with his family. In January 2009, Mariotti’s faith-based eulogy at his father’s funeral upset family members, and a few days later, Mariotti received written notice of termination of his employment. The termination notice stated that Mariotti would continue to receive MBP shares, and Mariotti continued to serve on MBP’s board of directors until August 2009, when he was not reelected. Mariotti sued MBP under Title VII of the Civil Rights Act of 1964, alleging religious discrimination and a hostile work environment, and asserted several state-law claims. The district court granted MBP’s motion to dismiss Mariotti’s complaint because Mariotti was not an employee entitled to Title VII protections. Mariotti appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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