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Religious diversity in the United States is increasing, and so are charges of religious discrimination. From 1999 to 2008, the U.S. Equal Employment OpportunityCommission (EEOC) received an average of 2,447 charges of such discrimination each year. Between 2009 and 2013, however, the EEOC received more than 3,000 such charges per year. In 2011 alone, the agency adjudicated 4,151 charges of religious discrimination.
It therefore comes as no surprise that, later this term, the Supreme Court will be deciding a case that raises important questions about what type of action ' or inaction, as in this case ' constitutes religious discrimination. The case ' EEOC v. Abercrombie & Fitch ' involves Abercrombie & Fitch's decision to deny employment to Samantha Elauf because she wore a headscarf to her interview.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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