What is the test for establishing that an employer has a right to refuse to hire a Jewish engineer because of their faith?

1 Fernandez devotes much of her brief to bolstering her case with statistical evidence. Because she never passed the first hurdle of establishing a prima facie case, we do not consider such evidence. Ward v. Westland Plastics, Inc., 651 F.2d 1266, 1269 (9th Cir. 1980).

2 See American Jewish Congress v. Carter, 19 Misc.2d 205, 190 N.Y.S.2d 218 (Sup.Ct. 1959), modified, 10 App.Div.2d 833, 199 N.Y.S.2d 157 (1960), aff'd, 9 N.Y.2d 223, 173 N.E.2d 778, 213 N.Y.S.2d 60 (1961) (denying employer's right to refuse to hire Jewish engineers because of Saudi Arabia's religious zealotry).