About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (July 5, 2023)

handle is hein.crs/govemdl0001 and id is 1 raw text is: 







              Congressional_______
          ~ Research Service






Groff v. Dejoy: Supreme Court Clarifies

Employment Protections for Religious

Workers



July  5, 2023

When  an employee's sincere religious observances or practices conflict with workplace requirements,
Title VII of the Civil Rights Act of 1964 (Title VII) requires the employer to provide a reasonable
accommodation unless doing so would impose an undue hardship on the conduct of the employer's
business. In 1977, the Supreme Court appeared to indicate in Trans World Airlines, Inc. v. Hardison that
an accommodation creates an undue hardship when it imposes more than a de minimis cost. Some
members of the Supreme Court, other federal judges, the executive branch, and commentators
subsequently critiqued Hardison as wrongly interpreting Title VII's text and inadequately protecting
workers' religious rights, particularly those of workers practicing minority faiths. In Groffv. DeJoy, a
unanimous Court reevaluated its precedent and announced a new rule: to deny a religious
accommodation, an employer must show that the burden of accommodation is substantial in the overall
context of an employer's business.
A previous Sidebar discussed the legal background and previewed the issues in Groff Now that the Court
has clarified its interpretation of Title VII, Congress may wish to consider the implications of the Court's
decision and whether further legislative action is appropriate to balance the rights of religious employees
and the burdens placed on their employers and coworkers.


Background

Title VII prohibits employers with at least 15 employees from discriminating against employees and
applicants on the basis of religion, as well as race, color, sex, and national origin. (Along with private
employers, Title VII applies to most federal executive employers, and the Congressional Accountability
Act applies it to most federal legislative employers.) Religious discrimination includes the failure to
reasonably accommodate an employee or job applicant's religious observance or practice, unless the
employer can show that accommodation imposes an undue hardship on the conduct of the employer's
business. An accommodation is a change in the employer's policies, practices, or the work environment
to allow an employee to engage in a religious practice or observance. Congress did not define undue

                                                               Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                   LSB10999

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most