Please click the link below to listen to the recording of the oral arguments before the Fourth Circuit Court of Appeals on behalf of our client asserting religious discrimination in employment. CLCMA’s client alleges religious discrimination occurred when government agencies refused to continue processing his necessary clearance for a new position, after he revealed that he converted to Islam. CLCMA argues that the “predictive judgment” protections afforded to government agencies when employment decisions involve national security concerns do not apply where the agencies made no decision to approve or deny the clearance. CLCMA also argues that policy concerns prohibit the government from using the protections it asserts as a shield providing a complete bar to any judicial oversight of possible discrimination. Civil Litigation Department Head Christina A. Jump presented CLCMA’s arguments on behalf of our client, asserting that nothing in the law supports the idea that government agencies “should be protected and shielded from giving any answer or any reason [for employment decisions] simply because they now say in litigation that national security concerns were an issue, and we should all just trust them on that.”
CLCMA’s arguments begin at timestamp 1:54:00.
Recordings of the cases will be available in MP3 format soon after oral arguments conclude here: https://www.ca4.uscourts.gov/oral-argument/listen-to-oral-arguments
