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What Employers Should Expect From the Supreme Court's Upcoming Decision About Religious Accommodation


  • February 01, 2023

Tory Summey and Emily Bridges wrote in Law360 about a U.S. Supreme Court case that may have significant repercussions for employers faced with religious accommodation requests.

"The issue of religious accommodation in the workplace frequently can be a gray area, with employers often struggling to determine whether religious accommodation is reasonable or would create an undue hardship," they wrote. "For decades, employers and their attorneys have been guided by the standard set forth in the 1977 U.S. Supreme Court case Trans World Airlines Inc. v. Hardison, which held that an undue hardship when examining a request for religious accommodation means anything more than a de minimis, or trivial, burden on the employer."

"However, by granting review of Groff v. DeJoy, the Supreme Court's current conservative supermajority is signaling it will reevaluate the Hardison standard," they wrote. 

Subscribers can read the full article here: What To Expect From Justices' Upcoming Religious Bias Case.

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