Unanimous Decision Places Higher Burden on Employers
In a highly anticipated decision on religious accommodations in the workplace (Groff v. DeJoy), the U.S. Supreme Court changed the longstanding test for employers’ obligations to accommodate employees’ religious beliefs and practices under federal law. Previously, employers were required to accommodate such beliefs and practices unless it caused more than a de minimis (minor) cost. However, the Supreme Court recently clarified that employers must now demonstrate substantial costs incurred to the business in order to reject a religious accommodation request. This decision will have a significant impact on employers, who will need to reassess their policies and practices for evaluating religious accommodation requests. Compliance will involve understanding the new standard, establishing robust evaluation processes, and considering the substantial costs associated with requested accommodations.
Case Summary: Groff v. DeJoy
Gerald Groff, a rural mail carrier for the United States Postal Service (USPS), faced a conflict between his Sunday Sabbath observance and the USPS’s new contract with Amazon, which involved Sunday deliveries. Initially, the USPS made accommodations for Groff, allowing him to transfer to other USPS locations and seek volunteers to cover his Sunday shifts. However, the USPS later mandated that all employees, including Groff, work on Sundays on a rotating basis. When Groff refused to comply due to his religious beliefs, he faced disciplinary action and eventually resigned. He then sued the USPS, alleging a failure to reasonably accommodate his religious practices under federal Title VII.
The lower courts applied the longstanding de minimis standard and reasoned that accommodating Groff posed an undue hardship for the USPS. Groff appealed to the Supreme Court, seeking the rejection of the de minimis standard and the adoption of a higher standard of “substantial difficulty or expense” for religious accommodations, similar to the ADA reasonable accommodation test.
In a unanimous decision on June 29, 2023, the Supreme Court held that according to Title VII, if an employer refuses a religious accommodation, they must demonstrate that granting the accommodation would impose significant additional costs in relation to their specific business operations. They vacated the previous rulings and remanded the case under the newly set standard.
What Employers Need to Know About the New Religious Accommodations Standard
- Employers should expect an increase in religious accommodation requests.
- Requests may include scheduling changes, time off, prayer breaks, job reassignments, dress code modifications, or designated spaces for religious observance.
- Employers must evaluate if the requested accommodation will result in substantial costs, not de minimis costs as previously was the case.
- Employers need to demonstrate that they have considered various accommodation options, like the analysis done under the ADA.
- Employers can refer to the EEOC’s guidance on religious accommodations for assistance.
- Employers should understand and adapt to the clarified religious accommodation standard set by the Supreme Court.
- Employers should establish new processes for evaluating religious accommodation requests.
- Employers should assess the potential impact of requested accommodations on their business operations.
If you are an employer seeking assistance with implementing the new religious accommodation standard or updating your policies and procedures, our team of experienced labor and employment attorneys at Gertsburg Licata is here to help.
Jonathan Stender, Esq., is a partner in the Labor & Employment practice group, brings over 20 years of experience representing management and employers in workplace law. Formerly a partner at Dworken & Bernstein, Jon specialized in heavy litigation, administrative practice, and counseling clients through employment law matters and Class Actions. Beyond his legal practice, Jon is an avid Cleveland sports enthusiast and holds a soft spot for his alma mater, the Washington Huskies. For consultations or inquiries, Jon can be reached at [email protected] or (216) 573-6000 x7013.
If you have any questions or would like to connect with a Gertsburg Licata employment attorney, please contact us at (216) 573-6000 or visit www.gertsburglicata.com.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.
