Atheists are ostracized and discriminated against in some parts of the U.S., but all of that would be hard to prove in court. I mean, it's like my hometown. Some people wouldn't hire a Native American, but were anyone to ever bring it up, they'd just say they chose the best applicant, and that no Natives were hired was just coincidence.
In some parts of the U.S. there were angry demonstrations against evolution being taught in science class. I think most people that live in those parts and don't share those beliefs move to places where they are accepted rather than take things to court.