Sunday, October 05, 2025

Groff: Important Issues

 1. Title VII of the Civil Rights Act of 1964 "requires employers to accommodate the religious practice of their employees unless doing so would impose 'an undue hardship on the conduct of the employer's business.'"

2. A 1977 Supreme Court decision (Hardison) contained some dictum that appeared to define undue hardship as anything "more than a de minimis cost."

3.Does undue hardship really mean anything more than a de minimis or trivial cost? The Court in Groff held that undue hardship means that the "requisite burden, privation, or adversity must rise to an 'excessive' or 'unjustifiable' level." And here is how the Court stated the test that applies from now on:

"We therefore...[understand that undue hardship] is shown when a burden is substantial in the overall context of an employer's business." And: "We think it is enough to say that an employer must show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business."

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