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Accommodation of Religious Grooming and Garb in the Workplace
On March 6, 2013, the Equal Employment Opportunity Commission (EEOC) issued new guidance in the form of a fact sheet and question-and-answer sheet on religious garb and grooming in the workplace under Title VII of the Civil Rights Act of 1964. The new guidance reflects the EEOC's continued focus on religious discrimination and accommodation post 9/11, as well as the EEOC's success in court against employers who failed to accommodate employees' religious garb, grooming, and practice.
Employers should take note of the new guidance, because it provides useful examples of when and how they should accommodate an employee's religious observance. The EEOC makes clear that neither customer preference nor employer image or branding is a defense for failing to accommodate religious beliefs and practices. Similarly, employers cannot assign employees to non-customer contact positions due to concerns about the effect of their appearance on customer perceptions, as doing so violates Title VII's prohibition on limiting, segregating or classifying employees based on religion.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.