The U.S. Supreme Court on April 18 wrestled with the rules employers should follow for granting workers religious accommodations.
During oral arguments, the court considered whether to maintain or revise the Hardison standard, which says an employer doesn't have to provide a religious accommodation if it would impose more than a de minimis burden on the employer, meaning more than a trivial cost.
Background
Under Title VII of the Civil Rights Act of 1964, employers must reasonably accommodate all aspects of an employee's religious observance or practice that can be accommodated without creating an undue hardship for the employer's business.
Gerald Groff, a former postal worker, sued the U.S. Postal Service (USPS) for failing to accommodate his religious practice. Groff is a Christian who observes a Sunday Sabbath, meaning he doesn't work on that day. The USPS does not deliver mail on Sundays, but it does have a contract to deliver packages for Amazon that includes Sundays.
The U.S. District Court for the Eastern District of Pennsylvania held that exempting Groff from Sunday deliveries caused undue hardship because it negatively impacted Groff's co-workers, who had to fill in for him, and it may also require the USPS to violate a collectively bargained agreement.
The 3rd U.S. Circuit Court of Appeals agreed and ruled that the accommodation constituted an undue hardship because it disrupted workflow and diminished employee morale.
What Constitutes Undue Hardship?
The oral...
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