Supreme Court Hears Argument in Religious Accommodation Case.
On April 18, 2023, the United States Supreme Court heard oral argument in Groff v. DeJoy, a case that could set a new standard for the burden an employer must demonstrate to deny an employee's request for a religious accommodation. Title VII of the Civil Rights Act of 1964 requires employers provide reasonable accommodations for their employees' religious beliefs and practices. For example, an employee may seek an exception to a dress standard to allow for religious garb, or ask for a Saturday or Sunday off for worship, etc. Courts have long maintained that employers must provide such religious accommodations unless the request imposes an "undue hardship," defined as "more than a de minimis cost." Similarly, the Americans with Disabilities Act (ADA) requires employers provide disability accommodations unless an employee's request imposes an "undue hardship." However, the standard for "undue hardship" under the ADA is far more stringent, requiring a showing of "significant difficulty or expense."
The standard courts use to examine hardship for religious accommodations could change when the Supreme Court issues its decision in Groff v. DeJoy later this term. The plaintiff, Gerald Groff worked for the U.S. Postal Service (USPS) and asked for Sundays off, asserting that his religion as an Evangelical Christian forbad Sunday work. USPS asked Goff's coworkers to voluntarily trade shifts with him, but that did not...
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