083880P.pdf   03/25/2010  EEOC  v.  Kelly Services, Incorporated
   U.S. Court of Appeals Case No:  08-3880
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Smith, Author, with Melloy and Shepherd, Circuit
   Judges]
   Civil case - employment discrimination. In suit alleging the defendant,
   a temporary employment agency, discriminated against a female Muslim
   who wore a khimar by not referring her to a job with a company which
   prohibited any type of head wear, the district court did not err in granting
   summary judgment to the employment agency as the EEOC failed to
   show that the company had an available position to which the
   employment agency could have referred her; even if the EEOC made a
   prima facie case of religious discrimination, the employment agency had
   a legitimate, nondiscriminatory reason - the employer's facially neutral,
   safety-driven dress code - for not referring the worker, which the EEOC
   failed to show was a pretext for religious discrimination.