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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

SCOTUS clarifies religious accommodation undue hardship

June 29, 2023

On June 29, the U.S. Supreme Court (SCOTUS) released an opinion clarifying the definition of “undue hardship” regarding religious accommodations.

It indicated that employers that deny a religious accommodation must show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of their particular business. This is a higher threshold than that of a de minimis cost.

The case

The case involved a postal worker who requested not to work on Sundays. His work was redistributed, but he was disciplined for failing to work on Sundays. He resigned and sued.

The District Court ruled in favor of the employer, and the Third Circuit agreed, referring to a 50-year-old Supreme Court case (Trans World Airlines, Inc. v. Hardison). That decision included the concept of the undue hardship being more than de minimis (minimal) cost.

The High Court felt that more than a “de minimis cost” is not enough to establish undue hardship for religious accommodations under Title VII of the Civil Rights Act.

Employers must consider all the relevant facts, including:

  • The particular accommodations at issue.
  • Their practical impact in light of the nature, size, and operating cost of an employer.

The Supreme Court did not, however, adopt the definition of “undue hardship” under the Americans with Disabilities Act.

Employer considerations

When assessing an accommodation’s hardship, employers can include the impact on coworkers, but only if the accommodation affects the conduct of the business. Employers must look at other criteria. Further, a hardship is not undue if it is attributable to:

  • Employee animosity to a particular religion,
  • To religion in general, or
  • To the very notion of accommodating religious practice.

Bias or hostility to a religious practice or accommodation is not a defense.

The bottom line

Employers must “reasonably accommodate” an employee’s practice of religion, not merely assess the reasonableness of a particular possible accommodation. Employers must do more than conclude, for example, that forcing other employees to work overtime would constitute an undue hardship. They must consider other options.

Key to remember: A unanimous U.S. Supreme Court raised the bar for claiming religious accommodation undue hardship. Employers must now provide religious accommodations unless it would result in substantial increased business costs.

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Publish Date

June 29, 2023

Author

Darlene Clabault

Type

Industry News

Industries

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Related Topics

Discrimination

Governing Bodies

Equal Employment Opportunity Commission (EEOC)","Supreme Court of the United States

Citations

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