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|United States Court of Appeals for the Tenth Circuit|
|Appointed by:||George H.W. Bush|
|Active:||4/13/1992 - Present|
|Undergraduate:||Notre Dame '63|
|Law School:||Fordham Law '67|
Paul Joseph Kelly, Jr. is a Federal Appeals judge for the United States Court of Appeals for the Tenth Circuit. He joined the court in 1992 after being nominated by President George H.W. Bush.
Early life and education
Kelly spent his entire pre-judicial legal career as a private practice attorney licensed in the State of New Mexico from 1967 to 1992 and also served as a New Mexico state representative from 1977-1981.
Kelly was nominated by President George H.W. Bush on November 19, 1991 to a new seat created by 104 Stat. 5089 which was approved by Congress. Kelly was confirmed by the U.S. Senate on April 8, 1992 on unanimous consent of the Senate and received commission on April 13, 1992.
Court sides with Abercrombie in religious discrimination case (2013)United States Court of Appeals for the Tenth Circuit (Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 11-5110)
On October 1, 2013, the Tenth Circuit vacated a trial court summary judgment ruling in a suit filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a would-be Muslim employee after the clothing store Abercrombie & Fitch (A&F) declined to hire her because she wore a headscarf. Judge Jerome Holmes wrote for the majority, joined by Judge Paul Kelly. Judge David Ebel wrote separately, concurring in part and dissenting in part. In the underlying case, the plaintiff, Samantha Elauf, interviewed for a job at A&F while wearing a religious headscarf, but did not specifically inform her interviewer that she wore it for a religious purpose; the interviewer merely assumed that it was worn for a religious purpose. Ultimately, Elauf was not hired because her headscarf violated A&F's dress code. In the ruling, Holmes noted that the trial court's decision was erroneous -- there can be no religious discrimination without notification of the need for a religious accommodation. Here, because Elauf failed to tell her interviewer that she would need an accommodation for her religious headscarf, the EEOC would not have been unable to conclusively establish that A&F had actual notice of her religious needs. In his separate opinion, Ebel agreed that the trial court's decision was incorrect, but argued that the question of discrimination should have been sent to a jury.
|Tenth Circuit Court of Appeals
Chief Judge: Mary Briscoe • Jerome Holmes • Neil Gorsuch • Timothy Tymkovich • Harris Hartz • Carlos Lucero • Paul Kelly • Carolyn McHugh • Nancy Caplinger-Moritz • Robert Bacharach • Scott Matheson • Gregory Alan Phillips
|Former judges||William E. Doyle (Colorado) • Robert Henry • Michael McConnell • William Holloway • Robert McWilliams • James E. Barrett • John Hazelton Cotteral • Robert E. Lewis • Robert Williams (Oklahoma) • Orie Leon Phillips • George Thomas McDermott • Sam Gilbert Bratton • Alfred Murrah • Walter Huxman • David Thomas Lewis • Jean Breitenstein • Delmas Hill • John Hickey • James Logan • John Pickett • Oliver Seth •|
|Former Chief judges|
This page is missing notable case information.