The U.S. Supreme Court heard oral arguments in Groff v. DeJoy Tuesday, which concerns a Christian mail worker who claims the U.S. Postal Service wrongfully fired him after failing to accommodate his beliefs about the Sabbath.
appeared ready on Tuesday to make it harder for employers deny a worker's religious accommodation request, a high-stakes civil rights dispute over balancing an individual's faith demands with a business' economic bottom line.
Streett argued that the court should scrap the"de minimus" test, which he suggested has been abused by lower courts to denyin favor of the plain language of Title VII, which would define"undue burden" in the same way it is defined in other federal laws, such as the Americans with Disabilities Act . Several justices questioned why the court shouldn't revisit Hardison, given that both parties to the case appeared to agree the de minimus language is confusing. Justice Neil Gorsuch sought"common ground" between the two parties and asked why the court shouldn't just clarify that a"de minimus cost" cannot be trivial and remand the case. Justice Amy Coney Barrett agreed, noting that"no one's defending the test.
Justice Clarence Thomas said companies have been able to accommodate other federal workplace protection laws like the Americans With Disabilities Act, but that religious accommodations were oftentimes not being fairly and consistently applied. The court's liberal justices were more sympathetic to the government's position. Justices Elena Kagan andexpressed hesitancy for the court to redefine how Title VII has been interpreted, observing that in the nearly 50 years since Hardison, Congress has not sought to change the law or address the court's ruling.
Gerald Groff lives in Lancaster, Pennsylvania and is a former postal employee. The U.S. Supreme Court will decide his case by late June.
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