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31 George Mason L. Rev. F. 1 (2023)

handle is hein.journals/gemslw31 and id is 1 raw text is: Failure to Accommodate: Assessing the Legacy of Trans World Airlines, Inc. v. Hardison on Working- Class People of Faith J. Alex Touchet & Bradley J. Lingo* Abstract. Congress amended Title VII of the Civil Rights Act in 1972 to require employers to accommodate their employees' religious practices absent the imposition of undue hardship. But reliance on Trans World Airlines, Inc. v. Hardison's interpretation of undue hardship to mean anything more than a de minimis cost has prevented our nation from realizing Title VIi's promise of a workplace free of discrimination against religious Americans-particularly working-class employees. More than 80% of religious accommodations cases involve working-class Americans, as shown by an analysis of Title VII religious accommodation cases that made it to the federal courts between 2000 and 2023. Litigants in occupations that require only little or some preparation, like a high school diploma and up to a year of experience, represent more than 60% of the cases that made it to the federal courts between 2000 and 2023. Including occupations that require only medium preparation, like two years of experience and vocational school, on-the-job experience, or an associate's degree, raises the proportion to over 80% of the cases. This data supports Justice Marshall's prediction that all Americans will be a little poorer until [Hardison] is erased. But the data also demonstrates that the American working class has suffered the most. J. Alex Touchet is the Constitutional Law Fellow with the Robertson Center for Constitutional Law, J.D., Regent University School of Law. Bradley J. Lingo is the Dean at Regent University School of Law and Executive Director of the Robertson Center for Constitutional Law, J.D., Harvard University. Thank you to Michael Francisco and Timothy J. Whittle for their help on the amicus brief from which portions of this article are drawn. See Brief of Amicus Curiae The Robertson Center for Constitutional Law in Support of Petitioner, Groff v. Dejoy, No. 22-174 (S. Ct. argued Apr. 18, 2023).

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