Religious discrimination: New employer obligations on their way

The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of an employee’s religious observance or practice. And what will the vote be? 9-0. Read on.

How did we get here ?

Title VII of the Civil Rights Act of 1964 prohibits religious discrimination. Wanting to ensure employees could freely exercise their religious beliefs, Congress amended the Civil Rights Act in 1972 to “reasonably accommodate all aspects of an employee’s religious observance or practice...[that can be accomplished] without an undue hardship on the conduct of an employer’s business.” So far, so good.

But in 1977, the Supreme Court decided an “undue hardship” consisted of anything that imposed more than a de minimis cost on the employer. The result: Few reasonable accommodations were granted, and if the employer’s decision making was challenged in litigation, well, the employer—to borrow a phrase—“didn’t have a prayer.”

Enter postal worker Gerald Groff

Postal worker Gerald Groff is a Christian who believes Sunday is a day of rest and reflection. Accordingly, he refrains from work on Sunday, his Sabbath. All was fine until the United States Postal Service (USPS) signed a deal with Amazon under which it would deliver Amazon packages on Sundays.