The U.S. Supreme Court on Friday agreed to hear a religious liberty case concerning a U.S. Postal Service worker who declined to work on Sundays.
Federal law generally prohibits employers from firing workers for their religious practices unless an employer can show that their employee's practices cannot"reasonably" be accommodated without"undue hardship." In its 1977 Trans World Airlines v. Hardison opinion, the Supreme Court said an"undue hardship" is imposed on employers whenever the cost of the accommodation is more than a trivial or minimal cost.
The 3rd Circuit decision said USPS had already provided Groff with a reasonable accommodation and that anything more would place an undue hardship on the post office and Groff's co-workers. Associate Justice Clarence Thomas is one of three current U.S. Supreme Court justices who has expressed openness to revisiting the 1977 Trans World Airlines v. Hardison decision, which created an "undue burden" standard for employer religious discrimination claims.
Groff wants the Supreme Court to revisit the"undue burden" standard, arguing that it should be easier for employees to bring religious discrimination lawsuits under Title VII. "No American should be forced to choose between their religion and their job," said First Liberty senior counsel Stephanie Taub in an August 2022 statement after filing a petition for the Supreme Court to hear Groff's case."We are asking the Court to overturn a poorly-reasoned case from the 1970s that tips the balance in favor of corporations and the government over the religious rights of employees.
"Observing the Sabbath day is critical to many faiths—a day ordained by God. No one should be forced to violate the Sabbath to hold a job," added Randall Wenger of the Independence Law Center.
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