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Defreitas v. Horizon Investment Management Corp.

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Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

James Terry, the president of Horizon Investment and Management Corporation, fired Nydia DeFreitas while she was on a leave of absence to recover from a hysterectomy. She sued Horizon and Mr. Terry in the United States District Court for the District of Utah, claiming (1) that the firing interfered with her rights under the Family and Medical Leave Act of 1993 (FMLA), 5 U.S.C. §§ 6381–6387, 29 U.S.C. §§ 2601–2654;(2) that Mr. Terry, a member of The Church of Jesus Christ of Latter-day Saints (LDS),*fn1 fired her because she is a Catholic, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e through 2000e-17;and (3) that she was subjected to a work environment that was hostile to those who were not LDS, also in violation of Title VII.The district court granted Defendants summary judgment on all three claims, and Ms. DeFreitas appeals with respect to her FMLA and religious-discrimination claims.We have jurisdiction under 28 U.S.C. § 1291. We reverse on Ms. DeFreitas’s FMLA claim, but affirm on her religious-discrimination claim.

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