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Abercrombie and Title VII's Broad Definition of Religion
The U.S. Supreme Court recently granted certiorari in a religious accommodation case, EEOC v. Abercrombie. This case involves a Muslim teenager, Samantha Elauf, who was denied a job at an Abercrombie & Fitch store because she wore a black headscarf, or hijab, to her job interview. Abercrombie argued not only that the company should not be required to hire and accommodate Elauf, but additionally that they were never given actual notice that she was wearing the hijab for religious reasons.
The U.S. Court of Appeals for the Tenth Circuit granted summary judgment to Abercrombie, holding that the company did not have an obligation to accommodate Elauf since “Ms. Elauf never informed Abercrombie prior to its hiring decision that her practice of wearing a hijab was based on her religious beliefs.” EEOC v. Abercrombie & Fitch, 731 F.3d 1106, 1116 (10th Cir. 2013). In other words, the court held that an employee in a religious accommodation case has an obligation to give direct explicit notice to her employer that her religious practices conflict with a neutral work rule.
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.